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WARWICK  BROS  &  RUTTER.  Luiuied  Printer, 
TORONTO 


TABLE  OF  CONTENTS. 


Chapter.  page. 

1.  An  Act  for  granting  to  His  Majesty  certain  sums  of  money 
to  defray  the  expenses  of  Civil  Government  for  the  year 

1906,  and  for  other  purposes  therein  mentioned    2 

2.  An  Act  for  granting  to  His  Majesty  certain  further  sums  of 

money  to  defray  expenses  of  Civil  Government  for  the  year 
1906,  and  for  other  purposes  therein  mentioned    6 

3.  An  Act  to  amend  The  Act  respecting  aid  to  The  Algoma  Cen- 

tral and  Hudson  Bay  Railway  and  Associated  Industries  at 
Sault  Ste.  Marie    20 

4.  An  Act  for  Raising  Money  on  the  Credit  of  The  Consolidated 

Revenue  Fund  of  Ontario    22 

5.  An  Act  respecting  certain  Sums  of  Money  in  the  custody  of 

The  Accountant  of  the  Supreme  Court  of  Judicature    ^ 

6.  An  Act  to  amend  The  Manhood  Suffrage  Registration  Act  ... 

7.  An  Act  to  amend  The  Ontario  Election  Act   

8.  An  Act  to  amend  The  Ontario  Election  Act    ^ 

9.  An  Act  to  amend  The  Supplementary  Revenue  Act,  1899    29 

10.  An  Act  respecting  the  Department  of  Lands,   Forests  and 

Mines    22 

11.  An  Act  respecting  Mines    9^ 

12.  An  Act  respecting  Certain  Orders  in  Council,    and  certain 

Crown  Suits  

13.  An  Act  to  amend  The  Act  to  provide  for  the  appropriation  of 

certain  lands  for  the  Volunteers  who  served  in  South  Africa 
and  the  Volunteer  Militia  who  served  on  the  Frontier  in 
1866  u 

14.  An  Act  to  amend  The  Temiskaming  and  Northern  Ontario 

Railway  Act   '"'120 

15.  An  Act  to  provide  for  the  transmission  of  Electrical  Power  to 

Municipalities  

16.  An  Act  respecting  Agricultural  Societies    ^9g 

17.  An  Act  respecting  Agricultural  Associations   24.(3 

18.  An  Act  respecting  Horticultural  Societies    „_ 

1  0 

19.  The  Statute  Law  Amendment  Act,  1906    _g 

20.  An  Act  to  amend  The  County  Courts  Act   j_g_ 

21.  An  Act  to  amend  The  Unorganized  Territory  Act  ^2 

22.  An  Act   to  amend  The  Act  respecting  actions  of  Libel  and 

Slander  282 

[in.] 


iv. 

Chapter.  page. 

23.  An  Act  to  amend  The  Devolution  of  Estates  Act   184 

24.  An  Act  to  amend  The  Ontario  Medical  Act   187 

25.  An  Act  to  further  amend  The  Pharmacy  Act   188 

26.  An  Act  to  amend  The  Act  respecting  Stationary  Engineers  ..  189 

27.  An  Act  respecting  Prospectuses  issued  by  Companies  192 

28.  An  Act  to  amend  The  General  Road  Companies  Act  ,  198 

29.  An  Act  to  amend  The  Act  respecting  Joint  Stock  Companies 

for  supplying  Cities,  Towns  and  Villages  with  Gas  and 
Water   199 

30.  An  Act  respecting  Steam,  Electric  and  Street  Railways  200 

31.  An  Act  for  the  appointment  of  a  Railway  and  Municipal 

Board  312 

32.  An  Act  to  confirm  an  Agreement  entered  intp  between  His 

Majesty  the  King  and  The  Canadian  Improvement  Com- 
pany and  others   335 

33.  An  Act  respecting  Trustees  of  certain  Burying  Grounds  ......  33P 

34.  The  Municipal  Amendment  Act,  1906   339 

35.  An  Act  respecting  County  Councils   356 

36.  The  Assessment  Amendment  Act,  1906    365 

37.  An  Act  to  amend  The  Municipal  Drainage  Act   369 

38.  An  Act  authorizing  certain  Payments  under    The  Public 

Libraries  Act   372 

39.  An  Act  to  amend  The  Municipal  Light  and  Heat  Act   373 

40.  An  Act  to  amend  The  Municipal  "Waterworks  Act   374? 

41.  An  Act  respecting  Local  Municipal  Telephone  Systems    376 

42.  An  Act  providing  for  the  Exemption  of   Woodlands  from 

Taxation  •  378 

43.  An  Act  to  amend  The  Act  for  the  Improvement  of  Public 

Highways    380 

44.  An  Act  to  amend  The  Toll  Roads  Expropriation  Act,  1901  . . .  382 

45.  An  Act  to  regulate  the  Width  of  Sleigh  Runners   383 

46.  An  Act  to  regulate  the  Speed  and  Operation  of  Motor  Vehicles 

on  Highways   384. 

47.  An  Act  to  amend  The  Liquor  Laws    3y0 

48.  An  Act  to  amend  The  Act  to  prevent  Fraud  in  the  Manufac- 

ture of  Cheese  and  Butter   41  g 

49.  An  Act  to  amend  The  Act  to  preserve  the  Forests  from  Des- 

truction by  Fire  41§ 

50.  An  Act  to  amend  The  Act  to  prevent  the  Wasting  of  Natural 

Gas  and  to  provide  for  the  plugging  of  all  abandoned  wells  ^jg 

51.  An  Act  for  the  Suppression  of  Foul  Brood  among  Bees   42 

52.  An  Act  respecting  the  Department  of  Education   493 

53.  An  Act  to  amend  The  Public  Schools  Act   43g 


V. 


Chapter.  page. 

54.  An  Act  to  amend  The  Act  respecting  Boards  of  Education  in 

certain  Cities,  Towns  and  Villages   456 

55.  An  Act  respecting  The  University  of  Toronto  and  University 

College  457 

56.  An  Act  to  amend  The  Act  respecting  the  Agricultural  College  493 

57.  An  Act  to  amend  The  Act  respecting  Institutions  for  the 

Education  and  Instruction  of  the  Deaf  and  Dumb  and 
Blind   .499 

58.  An  Act  respecting  County  Houses  of  Refuge   500 

59.  An  Act  respecting  the  Toronto  General  Hospital   502 

60.  An  Act  respecting  the  Hospital  for  Epileptics   512 

61.  An  Act  to  amend  The  Act  respecting  Lunatic  Asylums  and 

the  Custody  of  Insane  Persons   514 

62.  An  Act  to  incorporate  the  Town  of  Blind  River  520 

63.  An  Act  to  confirm  By-law  number  618  of  the  Town  of  Bow- 

manville   520 

64.  An  Act  respecting  the  Town  of  Brockville   528 

65.  An  Act  respecting  the  Town  of  Bruce  Mines  and  the  Copper 

Mining  and  Smelting  Company  of  Ontario,  Limited   531 

66.  An  Act  respecting  the  Village  of  Campbellford   536 

67.  An  Act  to  confirm  By-law  No.  474  of  the  Township  of  Cavan  541 

68.  An  Act  respecting  the  Township  of  North  Crosby  and  the 

Village  of  Westport   552 

69.  An  Act  respecting  the  Township  of  Eastnor  555 

70.  An  Act  respecting  the  Town  of  East  Toronto   ^<jq 

71.  An  Act  to  incorporate  the  Village  of  Finch   gy9 

72.  An  Act  to  consolidate  the  Floating  Debt  of  the  Town  of  Fort 

Frances    575 

73.  An  Act  respecting  the  Town  of  Fort  William,  1906   579 

74.  An  Act  respecting  the  Town  of  Gait,  1906    587 

75.  An  Act  respecting  the  City  of  Kingston   -y9 

76.  An  Act  respecting  the  City  of  London   600 

77.  An  Act  to  confirm  By-law  No.  580  of  tne  County  of  Middlesex  go9 

78.  An  Act  respecting  the  Town  of  Midland   g!4 

79.  An  Act  respecting  the  Township  of  Mountain   ggg 

80.  An  Act  to  confirm  By-law  No.  718  of  the  Town  of  Napanee. ..  ggg 

81.  An  Act  respecting  the  Municipality  of  Neebing  and  the  Cor- 

poration of  the  Municipality  of  Paipoonge,  1906    643 

82.  An  Act  to  confirm  By-laws  numbers  516  and  522  of  the  Town 

of  Niagara-on-the-Lake   g47 

83.  An  Act  respecting  the  Town  of  North  Toronto   ggj 

84.  An  Act  respecting  the  United  Counties  of  Northumberland 

and  Durham   '  65.'-? 


vi. 


Chapter.  page. 

85.  An  Act  respecting  the  Township  of  Oliver   657 

86.  An  Act  respecting  the  Town  of  Oshawa   659 

87.  An  Act  respecting  the  City  of  Ottawa   071 

88.  An  Act  respecting  the  City  of  Peterborough   979 

89.  An  Act  respecting  the  Town  of  Petrolia   g§7 

90.  An  Act  to  confirm  By-law  No.  544  of  the  Town  of  Picton  ...  695 

91.  An  Act  respecting  the  Town  of  Port  Arthur   699 

92.  An  Act  respecting  the  Town  of  Port  Hope   725 

93.  An  Act  respecting  the  City  of  St.  Catharines   728 

94.  An  Act  to  confirm  By-law  No.  1781  of  the  City  of  St.  Cath-  . 

arines  7-31 

95.  An  Act  respecting  the  City  of  St.  Thomas   73:4 

96.  An  Act  to  confirm  By-law  number  640  of  the  Town  of  Sarnia 

97.  An  Act  respecting  the  Township  of  Shuniah  

98.  An  Act  respecting  the  Town  of  Thornbury  and  the  Township 

of  Collingwood   74,9 

99.  An  Act  respecting  the  City  of  Toronto   74g 

100.  An  Act  respecting  the  Town  of  Trenton   ,  754, 

101.  An  Act  to  consolidate  the  Floating  Debt  of  the  Town  of 

Wallaceburg   7^ 

102.  An  Act  respecting  the  Town  of  Welland  and  M.  Beatty  & 

Sons,  Limited    7<]2 

103.  An  Act  to  confirm  By-law  Number  198  of  the  Town  of  Wel- 

land   •  •  ••  '  765 

104.  An  Act  respecting  the  Police  Village  of  West  Lome   ij'jq 

105.  An  Act  to  confirm  by-law  No.  1995  of  the  Township  of  York...,.,^ 
Kv6.  An  Act  respecting  The  Brantford  and  Erie  Railway  Co  _ 

107.  An  Act  to  incorporate  the  Dunnville,  Wellandport  and  Beams- 

ville  Electric  Railway  Company   794, 

108.  An  Act  respecting  The  Hamilton,  Caledonia  and  Lake  Erie 

Railway  Company   ,   >j^q 

109.  An  Act  to  incorporate  The  Hamilton  and  Guelph  Junction 

Railway  Company  7,),, 

110.  An  Act  respecting  The  Kingston,  Gananoque  and  Perth  Elec- 

tric Railway  Company  gpj 

111.  An  Act  respecting  The  Kingston,  Portsmouth  and  Cataraqui 

Electric  Railway  Company   ^93 

112.  An  Act  respecting  The  North  Midland  Railway  Company  .... 

113.  An  Act  respecting  The  Ontario  West  Shore  Electric  Rail- 

way Company  ^15 

114.  An  Act  to  incorporate  The  Pembroke  Radial  Railway  Com- 

pany  (  817 

115    An  Act  respecting  the  Pembroke  Southern  Railway  Company.  m;j 


vii. 

Chapter.  fage. 

116.  An  Act  respecting  the  Peterborough  Kadial  Railway  Com- 

pany  821 

117.  An  Act  to  incorporate  The  Port  Credit  Brampton  and  Guelph 

Railway  Company  823 

118.  An  Act  to  incorporate  The  Port  Elgin  Spur  Line   825 

119.  An  Act  to  incorporate  the  Rondeau,  Ridgetown  and  Wallace- 

burg  Railway  Company  835 

120.  An  Act  respecting  The  St.  Catharines  Pelham  and  Welland 

Electric  Railway   Company   837 

121.  An  Act  respecting  The  South  Western  Traction  Company  ...839 

122.  An  Act  respecting  The   Superior  and   James  Bay  Railway 

Company   :  841 

123.  An  Act  to  incorporate  The  Toronto  and  North  Eastern  Rail- 

way Company    843 

124.  An  Act  respecting  The  Toronto  and  York  Radial  Railway   845 


125.  An  Act  to  amend  The  Act  Incorporating  the  Western  Central 


Railway  Company   

126.  An  Act  respecting  The  Anglo-American  Eire  Insurance  Co. 

127.  An  Act  to  incorporate  The  Bell  Telephone  Memorial  Associa- 

tion  853 

128.  An  Act  respecting  the  Birkbeck  Loan  Company  of  London, 

Canada   857 

129.  An  Act  respecting  The  City  Gas  Company  of  London   860 

130.  An  Act  respecting  The  Huron  and  Erie  Loan  and  Savings 

Company   867 

131.  An  Act  to  empower  The  London  and  Western  Trusts  Com- 

pany, Limited,  to  sell  certain  lands  in  the  County  of  Lamb- 
ton   •.  876 

132.  An  Act  respecting  The  Ontario  and  Minnesota  Power  Com- 

pany, Limited   881 

133.  An  Act  respecting  The  Ontario  and  Saskatchewan  Land  Cor- 

poration, Limited   885 

134.  An  Act  respecting  the  Port  Arthur  Blast  Furnace  for  Iron 

Ore  and  the  Coal  and  Ore  Dock  at  Port  Arthur   887 

135.  An  Act  to  incorporate  The  Provincial  Long  Distance  Tele- 

phone Company    894 

136.  An  Act  respecting  the  Sao  Paulo  Tramway,  Light  and  Power 

Company,  Limited    900 

137.  An  Act  respecting  The  Toronto  Liederkranz,  Limited    903 

138.  An  Act  to  incorporate  the  Twin  City  Chamber  of  Commerce.  906 

139.  An  Act  to  amend  the  Constitution  of  Huron  College    911 

140.  An  Act  respecting  The  Western  University  and  College  ....  p-j 5 


viii. 


Chapter.  page. 

141.  An  Act  to  incorporate  the  Synod  of  the  Diocese  of  Algoma  in 

connection  with  the  Church  of  England  in  the  Dominion  of 
Canada   922 

142.  An  Act  respecting  Trinity  Church,  Toronto   925 

143.  An  Act  respecting  the  Burial  Ground  of  the  First  Methodist 

Church  in  Picton   933 

144.  An  Act  respecting  Toronto  Free  Hospital  for  Consumptives..  935 

145.  An  Act  to  incorporate  the  Executive  Committee  of  the  Provin- 

cial Young  Men's  Christian  Association  of  Ontario  and  Que- 
bec rs...  940 

146.  An  Act  respecting  The  Young  Men's*  Christian  Association  of 

Collingwood   943 

147.  An  Act  to  authorize  William  J.  Church  to  practise  as  a  Vet- 

erinary Surgeon   945 

148.  An  Act  to  authorize  the  Law  Society  of  Upper  Canada  to  per- 

mit George  MacGregor  Gardner  to  practise  as  a  Barrister... 

149.  An  Act  to  amend  the  Act  to  authorize  the  Supreme  Court  of 

Judicature  for  Ontario  to  admit  William  Walter  Pope  to 
practise  in  the  said  Court  as  a  Solicitor   0,49 

150.  An  Act  to  authorize  the  Law  Society  of  Upper  Canada  to  admit 

Henry  Ernest  Redman  to  practise  as  a  Barrister  and  Solicitor  9.5 1 


6  EDWARD  VII. 


CHAPTER  1. 

An  Act  for  granting"  to  His^  Majesty  certain  sums  of 
money  to  defray  the  expenses  of  Civil  Govern- 
ment for  the  year  One  Thousand  Nine  Hundred 
and  Six  and  for  other  purposes  therein  mentioned.. 


Assented  to  27th  April,  1906. 
Most  Gracious  Sovereign  : 

WHEREAS  it  appears  by  messages  from  His  Honour  Preamble. 
William  Mortimer  Clark,  Lieutenant-Governor  of 
the  Province  of  Ontario,  and  the  estimates  accompanying 
the  same,  that  the  sums  hereinafter  mentioned  in  the 
Schedules  to  this  Act  are  required  to  defray  certain  ex- 
penses of  the  Civil  Government  of  this  Province,  and  of 
the  Public  Service  thereof,  and  for  other  purposes  for  the 
year  one  thousand  nine  hundred  and  six;  May  it  therefore 
please  Your  Majesty  that  it  may  be  enacted,  and  it  is  hereby 
enacted  by  the  King's  Most  Excellent  Majesty,  by  and  with 
the  advice  and  consent  of  the  Legislative  Assembly  of  the 
Province  of  Ontario,  as  follows  :  — 

1.  From  and  out  of  the  Consolidated  Revenue  Fund  °f  out  of 
this  Province,  there  shall  and  may  be  paid  and  applied  a  consolidated 
sum  (not  exceeding  in  \the  whole)  of  Five  million  eight  hun-  for  certainmd 
dred  and  fifty-eight  thousand  five  hundred  and  forty-three  purposes- 
dollars  and  fifteen  cents  for  defraying  the  several  charges 

and  expenses  of  the  Civil  Government  of  this  Province  for 
the  year  one  thousand  nine  hundred  and  six,  as  set  forth 
in  Schedule  "A"  to  this  Act;  and  for  the  expenses  of  Legis- 
lation, Public  Institutions'  Maintenance,  and  Salaries  of 
the  Officers  of  the  Government  and  Civil  Service  for  the 
month  of  January,  one  thousand  nine  hundred  and  seven, 
as  set  forth  in  Schedule  "B"  to  this  Act. 

2.  Accounts  in  detail  of  all  moneys  received  on  account  ^^"fore0  be 
of  this  Province,  and  of  all  expenditures  under  Schedule  Legislative 
"A"  of  this  Act,  shall  be  laid  before  the  Legislative  Assem- AssembIy- 
bly  at  its  next  sitting. 

3. 


2  Chap.  1. 


SUPPLIES. 


6  Edw.  VII 


moneysnded  3  Any  Part  of  tne  money  under  Schedule  "A"  appropri- 
ated by  this  Act  out  of  the  Consolidated  Revenue,  which 
may  be  unexpended  on  the  thirty-first  day  of  December, 
one  thousand  nine  hundred  and  six,  shall  not  be  expended 
thereafter,  except  in  the  payment  of  accounts  and  expenses 
incurred  on  or  prior  to  the  said  day;  and  all  balances  re- 
maining unexpended  after  the  20th  day  of  January  next 
shall  lapse  and  be  written  off. 

be  accounted*0  ^-  The  due  application  of  all  moneys  expended  under  this 
j*ajt0»tyis  ou*  °^  ^e  Consolidated  Revenue  shall  be  accounted  for 

to  His  Majesty. 


SCHEDULE  "A." 

Sums  granted  to  His  Majesty  by  this  Act  for  the  year 
one  thousand  nine  hundred  and  six,  and  the  purposes  for 
which  they  are  granted :  — 

CIVIL  GOVERNMENT. 

To  defray  the  expenses  of  the  several  Departments  at 


Toronto :  — 

Lieutenant-Governor's  Office    $3,900  00 

Office  of  the  Premier  and  President 

of  the  Council    14,200  00 

Attorney  General's  Department  ..    29,750  00 

Education  Department    22,612  00 

Lands  and  Mines  Department  ....    84,150  00 

Public  Works  Department    48,150  00 

Treasury  Department    28,400  00 

Provincial  Auditor's  Office    13,300  00 

Provincial  Secretary's  Department  113,910  00 

Department  of  Agriculture    45,910  00 

Miscellaneous    15,650  00 

  $419,932  00 

LEGISLATION. 

To  defray  expenses  of  Legislation   204,600  00 


ADMINISTRATION  OF  JUSTICE. 

To  defray  expenses  of  Administration  of  Just- 
ice   519,058  83 

EDUCATION. 

To  defray  expenses  of  :  — 
Public  and  Separate  School  Edu- 


cation .  .$540,270  59 

High  Schools  and  Collegiate  Insti- 
tutes   152,150  00 

Departmental 


1906. 


SUPPLIES. 


Chap.  1 


Departmental  Library  and  Museum.  15,550  00 

School  of  Practical  Science    83,505  00 

Public  Libraries,  Art  Schools,  Lit- 
erary and  Scientific    58,450  00 

Technical  Education    31,620  00 

Superannuated  Public  and  High 

School  Teachers    63,300  00 

Provincial  University  and  Mining 

Schools   170,166  17 

Maintenance    Education  Depart- 
ment and  Miscellaneous    23,896  72 

Institution  for  Deaf  and  Dumb, 

Belleville    56,918  00 

Blind  Institute,  Brantford    37,590  10 

 11,233,416  58 

PUBLIC  INSTITUTIONS'  MAINTENANCE. 

To  defray  expenses  of :  — 
Asylum  for  the  Insane,  Toronto  . .  .$115,496  00 
Asylum  for  the  Insane,  London  ...  147,129  00 
Asylum  for  the  Insane,  Hamilton..  135,511  00 
Asylum  for  the  Insane,  Kingston. . .  94,122  00 
Asylum  for  the  Insane,  Mimico  ....  83,244  00 
Asylum  for  the  Insane,  Brockville.  93,492  00 
Asylum  for  the  Insane,  Cobourg  ...  26,190  00 
Asylum  for  the  Insane,  Penetangui- 

shene    41,006  00 

Asylum  for  Epileptics,  Woodstock    27,823  33 
Asylum  for  the  Feeble  Minded, 

Orillia   75,608  00 

Medical  Relieving  Officer   333  33 

Central  Prison,  Toronto    71,570  00 

Central  Prison  Industries    66,885  00 

Mercer  Reformatory,  Toronto   30,050  00 

To  pay  balance  1905  accounts  . . .    30,612  62 

  1,039,072  28 

AGRICULTURE. 

To  defray  expenses  of  a  grant  in  aid  of  Agri- 
culture   $446,406  95 

COLONIZATION    AND  IMMIGRATION. 

To  defray  expenses  of  Colonization  and  Immi- 
gration   $35,465  00 

HOSPITALS  AND  CHARITIES. 

To  defray  expenses  of  a  grant  in  aid  of  Hos- 
pitals and  Charities   $285,009  88 

MAINTENANCE 


4  Chap.  supplies.  t>  Edw.  VII 

MAINTENANCE   AND  REPAIRS    OF   GOVERNMENT  AND 
DEPARTMEN TAL  BUILDINGS . 

Government  House   $18,000  00 

Parliament      and  Departmental 

Buildings    69,460  00 

  $87,460  00 

PUBLIC  BUILDINGS. 

Public  Institutions  :  — 

Asylum  for  Insane,  Toronto    |8,885  00 

Asylum  for  Insane,  Mimico    22,225  00 

Asylum  for  Insane,  London    10,300  00 

Asylum  for  Insane,  Hamilton  ...  15,875  .00 

Asylum  for  Insane,  Kingston    13,450  00 

Asylum  for  Insane,  Brockville  ...  10,800  00 

Asylum  for  Insane,  Cobourg    5,050  00 

Asylum  for  Insane,  Penetangui- 

shene    11,200  00 

Asylum  for  Epileptics,  Woodstock  87,800  00 

Asylum  for  Feeble  Minded,  Orillia  6,450  00 

Central  Prison,  Toronto    14,610  00 

Mercer  Reformatory,  Toronto    3,685  00 

Osgoode  Hall  additions    35,000  00 

Educational :  — 
Normal  and  Model  Schools,  To- 
ronto   5,300  00 

Normal  and  Model  School,  Ottawa  5,150  00 

Normal  School,  London    1,500  00 

School  of  Practical  Science    64,080  00 

Deaf  and  Dumb  Institute,  Belle- 
ville  5,800  00 

Institution  for  the  Blind,  Brant- 
ford   7,640  00 

Ontario  Agricultural  College    60,845  00 

Districts  :  — 

Muskoka    100  00 

Parry  Sound    2,700  00 

Algoma    300  00 

Thunder  Bay    1,600  00 

Rainy  River    500  00 

Nipissing    4,550  00 

Total  Public  Buildings     —  $405,395  00 


PUBLIC  WORKS. 

To  defray  expenses  of  Public  Works    $95,260  00 

COLONIZATION  AND  MINING  ROADS. 


To  defray  expenses  of  Construction  and  Ee- 

pairs    $204,410  00 

CHARGES- 


190o.  supplies.  Chap.  1. 

CHARGES  ON  CROWN  LANDS. 

To   defray   expenses   on   account   of  Crown 

Lands    $427,525  00 

REFUNDS. 

Education    $2,000  00 

Crown  Lands    31,205  00 

Municipalities  Fund   243  32 

Land  Improvement  Fund    1,911  31 

Miscellaneous    10,000  00 

  $45,359  63 


MISCELLANEOUS  EXPENDITURE. 

To  defray  Miscellaneous  Expenditure    $160,172  00 


Total  Estimates  for  Expenditure  of  1906. .  .$5,608,543  15 


SCHEDULE  "B." 

Sum  granted  to  His  Majesty  by  this  Act  for 
the  year  one  thousand  nine  hundred  and  six, 
and  the  purposes  for  which  it  is  granted  :  — 
To  defray  the  expenses  of  Legislation,  Public 
Institutions'  Maintenance,  and  for  Salaries 
of  the  officers  of  the  Government  and  Civil 
Service  for  the  month  of  January,  1907  ...   $250,000  00 


Total   $5,858,543  15 


CHAPTER 


6  Chap.  2.  supplies.  6  Edw.  VII 


CHAPTER  2. 


An  Act  for  granting  to  His  Majesty  certain  fur- 
ther sums  of  money  to  defray  expenses  of  Civil 
Government  for  the  year  One  Thousand  Nine 
Hundred  and  Six  and  for  other  purposes 
therein  mentioned. 


Assented  to  14th  May,  1906. 


Most  Gracious  Sovereign 


Preamble. 


WHEREAS  it  appears  by  messages  from  His  Honour 
William  Mortimer  Clark,  Lieutenant-Governor  of 
the  Province  of  Ontario,  and  the  estimates  accompanying 
the  same,  that  in  addition  to  sums  already  appropriated  the 
the  sums  hereinafter  mentioned  in  the  Schedule  to  this  Act 
are  required  to  defray  certain  expenses  of  the  Civil  Gov- 
ernment of  this  Province,  and  of  the  Public  Service  there- 
of, and  for  other  purposes  for  the  year  one  thousand  nine 
hundred  and  six;  May  it  therefore  please  Tour  Majesty 
that  it  may  be  enacted,  and  it  is  hereby  enacted  by  the 
King's  Most  Excellent  Majesty,  by  and  with  the  advice  and 
consent  of  the  Legislative  Assembly  of  the  Province  of  On- 
tario, as  follows :  — 


$662,850.46 
granted  out  of 
Consolidated 
Revenue. 


1.  From  and  out  of  the  Consolidated  Revenue  Fund  of 
this  Province,  there  shall  and  may  be  paid  and  applied,  in 
addition  to  sums  already  appropriated,  a  sum  (not  exceed- 
ing in  the  whole)  of  Six  hundred  and  sixty-two  thousand 
eight  hundred  and  fifty  dollars  and  forty-six  cents  for  de- 
fraying the  several  charges  and  expenses  of  the  Civil  Gov- 
ernment of  this  Province  for  the  jear  one  thousand  nine 
hundred  and  six,  as  set  forth  in  Schedule  "A"  to  this  Act. 


Accounts  to  b* 
laid  before 
Legislative 
Assembly. 


2.  Accounts  in  detail  of  all  moneys  received  on  account 
of  this  Province,  and  of  all  expenditures  under  Schedule 
"A"  of  this  Act,  shall  be  laid  before  the  Legislative  Assem- 
bly at  its  next  sitting. 

3. 


1906. 


SUPPLIES. 


Chap.  2  7 


3.  Any  part  of  the  moneys  under  Schedule  "A"  appro-  moneys.1*1'* 
priate'd  by  this  Act  out  of  the  Conolidated  Revenue,  which 

may  be  unexpended  on  the  thirty-first  day  of  December, 
one  thousand  nine  hundred  and  six,  shall  not  be  expended 
thereafter,  except  in  the  payment  of  accounts  and  expenses 
incurred  on  or  prior  to  the  said  day;  and  all  balances  re- 
maining unexpended  after  the  20th  day  of  January  next 
shall  lapse  and  be  writtem  off. 

4.  The  due  application  of  all  moneys  expended  under  this  be aceMiSSa* 
Act  out  of  the  Consolidated  Revenue  shall  be  accounted  forSr.t°His 

_ .  .  Maj  «sty. 

to  Has  Majesty. 


SCHEDULE  "A." 

Sums  granted  to  His  Majesty  by  this  Act  for  the  year  one  thousand 
nine  hundred  and  Bix,  and  the  purposes  for  which  they  are  granted  :  — 

Civil  Government. 
To  defray  the  expenses  of  the  several  Departments  at  Toronto  :  — 


Lieutenant-Governor's  Office    $400  00 

Attorney-General's  Department    460  00 

Education  Department   570  00 

Lands  and  Twines  Department    100  00 

Treasury  Department    575  00 

Provincial  Auditor    500  00 

Provincial  Secretary's  Department    2,775  00 

Department  of  Agriculture   818  00 

Public  Works  Department    350  00 

Miscellaneous    100  00 

  $6,648  00 

Legislation. 

To  defray  expenses  of  Legislation    10,250  89 


Administration  of  Justice. 
To  defray  expenses  of  Administration  of  Justioe   45,786  10 

Education. 

To  defray  expenses  of  :  — 

Grants  to  Societies  and  Educational  Institu- 
tions  $280  00 

Continuation  Classes  (for  Libraries  and  Sci- 
entific equipment)    10  000  00 

Special 


8 


SUPPLIES. 


6  Edw.  VII 


Special  Grant  Public  and   Separate  Rural 

Schools,  Counties  ..'   $60,000  00 

Public  and    Separate  Rural    Schools,  new 

districts    (for    general    equipment)  and 

Poor,  Public  and  Separate  Rural  Schools 

(old  districts)    12,000  00 

County  Public  School  Inspectors  (coming 

into  effect  July  1st)   6,000  00 

Election  Expenses,  Advisory  Council    400  00 

Inspection  of  Continuation  Classes  (4  mos.)  667  00 
Salary   for    Superintendent    of  Education 

half-year    1,750  00 

Medical    Faculty  of    Queen's  College,  for 

promotion  of  medical  education    50,000  00 

Provincial  University    1,186  06 

Repairs  and    Maintenance  of  (Education 

Department    990  00 

Normal  and  Model  School  Toronto    50  00 

Institution  for  the  Blind    100  00 

Public  Libraries,  Art  Schools,  Literary  and 

Scientific    2,500  00 

School  of  Practical  Science    3,767  00 

Public  and  Separate  Schools    100  00 

  $149,790  06 


Public  Institutions  Maintenance. 

To  defray  expenses  of  :  — 

Asylum  for  Insane,  London    $30  00 

Asylum  for  Insane,  Brockville    70  00 

Asylum  for  Epileptics,  Woodstock    250  00 

Central  Prison  Industries    800  00 

To  pay  balance  .1905  accounts    2,229  30 


$3,379  30 


Hospitals  and  Charities. 


To  defray  expenses  of  a  grant  in  aid  of  Hospitals  and 

Charities    55,789  52 


Agriculture. 

To  defray  expenses  of  a  grant  in  aid  of  Agriculture  ...       14,150  00 
Colonization  and  Immigration. 


To  defray  expenses  of  Colonization  and  Immigration 


3.100  00 
Public 


1906.  SUPPLIES. 


Public  Buildings. 

Public  Institutions:  — 

Asylum  for  insane,  Toronto    $500  00 

Asylum  for  Insane,  Mimico    1,000  00 

Asylum  for  Insane,  Hamilton    500  00 

Asylum  for  Insane,  Kingston    13  893  00 

Asylum  for  Insane,  Brockville    2,000  00 

Asylum  for  Insane,  Penetanguishene   .•  2,100  00 

Asylum  for  Epileptics,  Woodstock    1,700  00 

Central  Prison,  Toronto    500  00 

Ontario  Agricultural  College    9,500  00 

Mercer"  Reformatory    1,760  00 

Normal  School,  Toronto   ."   850  00 

Normal  School,  London    2,500  00 

School   of  Practical   Science   and  Normal 

Schools    106,000  00 

Districts  :  — 

Nipissing    5,850  00 

Rainy  River    1,100  00 

Parry  Sound    1,600  00 

—  —  $151,353  00 

Public  Works. 

To  defray  expenses  of  Public  Works    21,750  00 

Colonization  and  Mining  Roads. 
To  defray  expenses  of  Construction  and  Repairs    30,600  00 

Maintenance  and  Repairs  of  Government  and  Departmental 

Buildings. 

Parliament  and  Departmental  Buildings    2,250  00 

Charges  on  Crown  Lands. 
To  defray  expenses  on  account  of  Crown  Lands    64,700  00 

Refunds. 

Crown  Lands    2,269  29 

Miscellaneous. 

To  defray  Miscellaneous  Expenditure    101,035  19 


Total    $662,850  46 


CHAPTER 


.10  Chap.  3.  AID  TO  ALGOMA  CENTRAL,  ETC.       6  EDW.  VII 


CHAPTEK  3. 


An  Actj  to  amend  The  Act  respecting  Aid  to  the 
Algoma  Central  and  Hudson  Bay  Railway  and 
Associated  Industries  at  Sault  Ste.  Marie. 


Assented  to  27th  April,  1906. 

HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario 
enacts  as  follows  :  — 

1.  Section  1  of  the  Act  respecting  Aid  to  the  Algoma 
Central  and  Hudson  Bay  Railway  and  Associated  Indus- 
tries at  Sault  Ste.  Marie  passed  in  the  4th  year  of  the  reign 
of  His  Majesty  King  Edward  VII,  and  chaptered  19,  is 
hereby  amended  by  adding  thereto  the  following  clauses  : 

(a)  The  Government  may  renew  the  guarantee  of  the 
principal  of  the  loan  of  $2,000,000  and  interest 
as  above  set  out  or  any  portion  thereof  for  a 
period  not  exceeding  one  year  from  the  1st  day 
of  May,  1906,  and  in  the  event  of  any  portion 
of  the  said  loan  being  taken  up  then  on  being 
released  from  the  guarantee  of  such  portion, 
the  Government  may  from  time  to  time  release 
its  lien  on  a  proportionate  amount  of  the  col- 
lateral securities  set  out  in  subsection  (11)  of 
section  4.  The  form  and  manner  of  renewal 
or  of  release  shall  be  subject  to  the  approval  of 
the  Lieutenant-Governor  in  Council  and  the  new 
guaranty  as  well  as  any  release  shall  be  signed 
by  the  Provincial  Treasurer,  or  such  officer  as- 
may  be  designated  by  the  Lieutenant-Governor 
in  Council. 

(6)  The  provisions  of  section  8  of  this  Act  shall  apply 
to  any  renewal  or  new  guarantee  given  under 
the  authority  of  this  section,  and  the  Govern- 
ment shall  be  liable  in  respect  of  any  such  re- 
newal or  guarantee  as  fully  as  they  were  for  the 
original  loan. 

c> 


4  Edw.  VII. 
C.  19,  8.  1, 

amended. 


Government 
authorized  to 
renew 
guarantee. 


4  Edw.  VII,- 
c.  19,  s.  8,  to 
apply  to 
renewal. 


1906. 


AID  TO  ALGOMA  CENTRAL,  ETC. 


Chap.  3 


11 


(c)  In  case  it  appears  expedient,  the  Government  may  Government 

guarantee  the  principal  of  a  new  loan  in  substi-  ™betnu«ronaie 
tution  of  or  to  take  the  place  of  the  existing loan 
loan  or  by  way  of  renewal  thereof,  or  provid- 
ing for  payment  thereof  not  exceeding  $2,000,- 
000,  and  the  interest  thereon,  and  all  agree- 
ments, notes,  certificates,  endorsements,  or 
documents  in  connection  therewith  shall  be 
signed  and  executed  by  the  Provincial  Treas- 
urer or  such  officer  as  may  be  designated  by  the 
Lieutenant-Governor  in  Council. 

(d)  The  pledged  securities  and  the  collateral  securities  securities^ 

which  may  be  retained  shall  remain  pledged  remain  liable 
for  the  purpose  of  securing  the   Government  0°%enewiU.n 
against  liability  on   any   amount  of  renewal 
guarantee  or  new  loan  given  as  herein  provided. 


CHAPTER 


12 


Chap.  4. 


PROVINCIAL  LOANS 


6  Edw.  VII 


CHAPTER  4. 


An  Act  for   raising  Money  on  the  Credit  of  the 
Consolidated  Revenue  Fund  of  Ontario. 


Assented  to  14th  May,  1906. 


HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows  : — 

«frs^oooMooai1  ^'ie  Lieutenant-Governor  in  Council  is  hereby  author- 
-authorized.  ized  to  raise  by  way  of  loan  a  sum  of  money  not  exceeding 
Three  Million  Dollars  (*3,000,000)  for  any  or  all  of  the  pur- 
poses following,  that  is  to  say  :  for  the  public  service ;  for 
works  carried  on  by  Commissioners  on  behalf  of  the  Province  ; 
for  the  covering  of  any  debt  of  the  Province  on  open  account ; 
for  paying  any  floating  indebtedness  of  the  Province,  and  for 
the  carrying  on  of  the  public  works  authorized  hy  the  Legis- 
lature. 

Term  of  debt.  2.  The  aforesaid  sum  of  money  may  be  borrowed  for  any 
term  or  terms  not  exceeding  forty  years  at  a  rate  not  exceed- 
ing four  per  centum  per  annum,  and  shall  be  raised  upon  the 
credit  of  the  Consolidated  Revenue  Fund  of  Ontario  and  shall 
be  chargeable  thereupon. 

Bonds  to  be        3.  All  honds  and  inscribed  stock  issued  under  the  authority 

free  from.  glII  •  B      m  _  m  *^ 

taxes,  etc.  of  this  Act  shall  he  free  from  all  Provincial  taxes,  succession 
duty,  charges  and  impositions  whatsoever. 


CHAPTER 


1906. 


CERTAIN  FUNDS  FORFEITED. 


Chap.  5 


13 


CHAPTER  5. 


An  Act  respecting"  certain  Sums  of£ Money  in  the 
Custody  of  the  Accountant  ot  j  the  Supreme 
Court  of  Judicature. 


Assented  to  14th  May,  1906. 


HEREAS  certain  charges  were  on  the    11th    Hay  ofpreambie. 


Roswell  Gamey  charged  and  HeclareH  that  James  Robert 
Stratton,  another  member  of  the  said  Legislative  Assembly 
and  a  member  of  the  Executive  Council,  did  certain  corrupt 
and  unlawful  acts  by  attempting  to  bribe  him  the  said  Robert 
R( 'swell  Gamey,  l>y  the  payment  of  certain  moneys,  and 
whereas  a  Commission  was  issued  on  the  28th  day  of  March 
in  the  year  1903  for  the  purpose  of  enquiring  into,  and  in- 
vestigating the  said  charges ;  and  whereas  in  the  course  of  the 
said  enquiry  and  during  the  evidence  of  the  said  Robert  Ros- 
well Gamey,  certain  moneys  and  a  certain  cheque  were  pro- 
duced by  him  heing  bank  notes  amounting  in  the  aggregate 
to  $500  and  a  certain  cheque  on  the  Traders  Bank  of  Canada 
for  $1,500  and  whereas,  the  said  notes  and  cheque  were  by 
direction  of  the  Commissioners  placed  in  the  custody  of  the 
Accountant  of  the  Supreme  Court  of  Judicature,  and  whereas 
it  is  expedient  that  further  order  should  be  made  with  regard 
to  the  said  notes  and  cheque. 

Therefore  His  Majesty,  by  and  with  the  advice  and  consent 
of  the  Legislative  Assembly  of  the  Province  Ontario,  enacts 
as  follows  : 

1.  The  said  bank  notes  of  $500  and  the  said  cheque  of£°^»££eof 
$1,500  are  hereby  declared  to  be  forfeited  to  His  Majesty  f  or  of  the  Pro- 
the  public  uses  of  the  Province,  and  to  have  been  so  for  feited  'unce- 
from  the  time  of  being  produced  during  the  said  enquiry, 

and  the  Accountant  of  the  Supreme  Court  is  hereby  directed 
to  endorse   said  cheque  to  the  Treasurer  of  the  Province. 

2.  The  said  moneys  so  forfeited  as  aforesaid  shall  be  applied  jj^'to'charit 
to  such  charitable  purposes  as  the  Lieutenant-Governor  in  able  purposes. 
Council  shall  determine. 


CHAPTER 


14 


Chap.  6       MANHOOD  SUFFRAGE  REGISTRATION.     6  EDW.  VII 


CHAPTER  6. 


An  Act  to  amend'The  Manhood  Suffrage  Registra- 
tion Act. 


Assented  to  14th  May,  1906. 


HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows  :  — 

cT  schedule  ^0Tms  9  an(^  ^  *n       Schedule  to  The  Manhood  Suf- 

amended.  frage  Registration  Act,  as  amended  by  the  Act  passed  in 
the  Second  year  of  His  Majesty's  reign,  chapter  6,  are 
amended  by  adding  thereto  the  following  -  as  paragraph 
la: 

oaths  of  man-     la,  "That  you  are  not  a  citizen  or  a  subject  of  any  for- 

^suffrage    eign  country.» 


CHAPTER 


1906. 


ELECTIONS. 


Chap.  7  15 


CHAPTER  7. 


An  Act  to  amend  The  Ontario  Election  Act. 


.  Assented  to  27th  April,  1906. 


HIS  MAJESTY,  by  and  with  the  advice  and  consent  of  the 
Legislative  Assembly  of  the  Province  of  Ontario,  enacts 
as  follows : — 

1.  Subsection  4siof  section  69  of  The  Ontario  Election  Act  Rev.  stat. 
is  amended  by  striking  out  all  the  words  after  the  word  sub's.V9' 
"  used  "  in  the  third  line  of  the  said  subsection.  amended. 

Number  on 
counterfoil 
and  ballot. 

2.  Sub-section  3  of  section  70  of  the  said  Act  is  repealed  f^  i^o,' 
and  the  following  substituted  therefor  :  repeafed. 

"(3)  The  tendered  ballot  papers  and  counterfoils  attached  Tendered 

•        .        inn      i  i  ,-.  i     t  ■  ••!       ,    ballot  papers 

thereto,  shall  be  bound  or  stitched  m  a  manner  similar  to 
that  directed  in  the  case  of  the  other  ballot  papers  and 
counterfoils.  The  number  of  tendered  ballot  papers  shall 
not  be  less  than  ten  per  centum  of  the  number  of  the  ordi- 
nary ballot  papers." 

3.  Section  100  of  the  said  Act  is  hereby  repealed.  £™b  Repeated. 

4.  Section  103  of  the  said  Act  is  amended  by  striking  out  Rev.  stat.  c.  9, 
the  words  "  and  the  number  on  the  back  "  in  the  thirteenth s'  amen  e 
line  and  the  words  "  and  the  number  on  the  back  of  the 

paper"  in  the  twenty-first  line  of  the  said  section. 

5.  — (1)  Clause  1  of  section  112  of  the  said  Act  is  amended  Re^stat.  c.  9, 
by  striking  out  the  words  "  and  taking  all  precautions  not  to  amended, 
see  or  to  permit  any  person  to  see  the  number  printed  on 

the  back  of  any  paper  "  at  the  end  of  the  said  clause. 

(2)  Clause  3  of  the  said  section  is  amended  by  striking  Rev.  stat.  c.  9, 
out  the  words  "  the  printed  number  and  "  in  the  4th  line  of  amended3 
the  said  clause. 

6 


16 


Chap.  7. 


ELECTIONS. 


6  Edw.  VII 


Rev.  stat.  c.  9,      6.  Section  J  43  of  the  said  Act  is  amended  by  striking-  nut 
s.  143 amended.  ^jie  wor(js  <•  marked  with  the  same  printed  number  and  "  in 
the  5th  line  from  the  end  of  the  said  section. 

Rev.  stat.  c.  9.     7. — (1)  Subsection  3  of  section  155  of  the  said  Act  is 
amendedbs' 3  amended  by  striking  out  all    the  words  after  the  word 
"  voted  "  in  the  4th  line  of  the  said  subsection. 

Rev.  stat.  c.  9,      (2)  Subsection  4  of  the  said  section  is  amended  by  striking 
amended s"     out  the  words  "  the  number  on  the  back  of  any  ballot  paper" 
in  the  fourth  line  of  the  said  subsection. 


Rev.  Stat.  c.  9, 
Sched.  "  A," 
Form  11 
amended. 


8.  Form  11  in  Schedule  "  A  "  to  the  said  Act  is  amended  by 
striking  out  the  words  "  Counterfoil  No."  "  No  on  Voters 
Lists  in  Poll  Book"  "  Note — The  Counterfoil  is  to  have  a 
number  to  correspond  with  that  on  the  back  of  the  Ballot 
Paper  "  and  the  reference  to  any  number  on  the  back  of  the 
ballot  paper  set  out  in  the  said  Form. 


Rev.  Stat.  c.  9, 
Sched.  "A," 
Form  13 
amended. 


9.  Form  13  in  Schedule  "  A  "  to  the  said  Act  is  amended  by 
striking  out  the  words  "  and  not  to  attempt  to  see  or  ascer- 
tain at  the  counting  the  number  on  the  back  of  any  ballot 
paper  or  the  number  on  any  counterfoil  "  in  the  third,  fourth 
and  fifth  lines  of  the  first  paragraph  of  the  said  Form. 


SchedSt-  a  "  9'     ,0,  ^orm  2^  ^n  Schedule  "  A  "  to  the  said  Act  is  amended  by 
Form 26  '      striking  out  all  the  words  after  the  word  "law"  in  the  third 
line  of  the  third  paragraph  of  the  said  Form. 


Rev.  Stat.  c.  9, 
Sched.  "A," 
Form  27 
amended. 


11.  Form  27  in  Schedule  "  A  "  to  the  said  Act  is  amended  by 
striking  out  the  words  "  that  I  have  not  attempted  bv  any 
means  whatever  to  see  or  ascertain  at  the  counting  of  the 
ballot  papers  the  number  on  the  back  of  any  ballot  paper 
and  ;"  in  the  first,  second  and  third  lines  of  the  second  para- 
graph of  the  said  Form. 


CHAPTER 


1906. 


ELECTIONS. 


Chap.  8.  17 


CHAPTER  8. 


An  Act  to  amend  The  Ontario  Election  Act. 


Assented  to  14th  May,  1906. 

HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows  : — 

1.  Section  20  of  The  Ontario  Election  Act  is  repealed  Re,7-  stat->, c: 9 

......  r  s.  20  repealed. 

and  the  following  substituted  therefor  : — 

20.  Every  Writ  for  the  election  of  a  Member  of  the  Legis-  wnts  for 

■  elections  to 

lative  Assembly  shall  be  addressed  to  such  person,  being  a  voter  whom  ad- 
of  the  Electoral  District  for  which  the  Election  is' to  take dressed- 
place,  as  the  Lieutenant-Governor  may  appoint,  and  such 
person  shall  be  the  Returning  Officer  at  such  Election. 

2.  Section  21  of  The  Ontario  Election  Act  is  repealed.      Rev.  stat.,  c.9, 

1  s.  21,  repealed. 

3.  Section  22  of  The  Ontario  'Election  Act  is  amended  Rev.  stat..  c.  9,. 
by  striking  out  all  the  words  in  the  said  section,  down  to,  anas-22amended- 
including,  the  word  "  addressed  "  in  the  third  line,  and  sub- 
stituting instead  the  following  words  :   ''In  case  the  person  to 

whom  the  Writ  has  been  addressed,  has  died,  or  ". 

4.  Section  22a  of  The  Ontario  Election  Act,  as  enacted  Rev.  star.,  e.  9, 
by  section  1  of  the  Act  passed  in  the  63rd  year  of  the  reign  s'22a  repealed- 
of  Her  late  Majesty  Queen  Victoria,  Chapter  4,  is  repealed. 

5.  Section  25  of  Ihe  Ontario  Election  Act  is  amended  by  Rev.  stat.,  c.  9, 
striking  out  the  words  "Sheriffs  or  Registrars,  or,"  in  the s' 2o' repealed- 
second  line  thereof. 

6.  Section  26  of  The  Ontario  Election  Act  is  amended  by  Rev.  stat..  e.9, 
striking  out  the  words  "every  Sheriff  or  Registrar,  ands'  amen  e  • 
ever j  other  person"  in  the  first  line  of  the   said  Section, 

and  substituting  instead  the  words  "every  person";  and 
by  striking  out  the  words  "not  being  a  Sheriff  or  Registrar, 
and"  in  the  sixth  line. 

7-    Subsection  1  of  section  32  of  The  Ontario  Election  ftJ'fjJvH0-  9- 
Act  is  amended  by  striking  out  all  the  words  in  the  said  sub- amended'. 
2  s.  section 


18  Chap.  8.  ELECTIONS.  6  Edw.  VII 

section  after  the  words  "  directed  to  "  in  the  third  line,  and 
substituting  instead  the  words  "  to  such  person  as  may  be 
appointed  by  the  Lieutenant-Governor." 

Rev.  stat.,  c.  9,    g.    Subsection  2  of  section  32  of  The  Ontario  Election 

s.  32,  subs.  2         .    ,  .  ,  , 

repealed.       Act  is  repealed. 

i  Edw.  vii,  c.  9.  Subsection  2  of  section  5  of  The  Statute  Law  Amend- 
repeaiedsubs' "  m«7i«  Act,  1904,  w  repealed. 

Re9V'forms'i6  Forms  16>  *~  and  18  in  Schedule  "A"  to  The  Ontario 

i7,  is  amended.  Election  Act  are  amended  by  inserting  in  each  of  the  said 
oaths  of  forms  the  following  as  paragraph  1  (a)  :  "That  you  are  not 
a  citizen  or  subject  of  any  foreign  country." 


Rev.  stat.,  11.  Forins  19  and  20  in  Schedule  "A"  to  the  said  Act  are 
^p.Vamended. amended  by  adding  the  following  as  paragraph  5  (a): 
Oaths  of         "That  you  are  not  a  citizen  or  subject  of  any  foreign  coun- 

voters.  try_,, 


CHAPTER 


1906. 


SUPPLEMENTARY  REVENUE. 
% 


Chap.  9. 


19 


CHAPTER  9. 


An  Act  to  amend  The  Supplementary  Revenue  Act, 

1899. 


Assented  to  14th  May,  1906. 


HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows  :  — 

1 .  Clause  b  in  the  paragraph  numbered  1  of  section  2  l^z'Jmr.  i."  oi 
of  The  Supplementary  Revenue  Act,  1899,  as  amended  by  b>  repealed, 
sub-section  2  of  section  2  of  The  Supplementary  Revenue 

Act,  1900,  is  repealed,  and  the  following  substituted  there- 
for :  — 

(b)  Every  lank  sball   pay  an    additional    tax  of  $100^£P™d 
for  the  Head  Office  in  the  Province  and  $25  for  each  addi-  £^hes  of 
tional  Office,  Branch  or  Agency  in  the  Province. 

2.  The  pargraph  number  5  of  section  2  of  The  Supple- f2/^  f"8, 
mentary  Revenue  Act,  1899,  as  amended  by  section  5  of  repealed. ' 
The  Supplementary  Revenue  Act,  1900,  and  by  section  1 

of  The  The  Act  to  amend  the  Supplementary  Revenue 
Act,  1899,  being  the  Act  passed  in  the  4th  year  of  His  Ma- 
jesty's reign,  chaptered  5,  is  repealed  and  the  following 
substituted  therefor  :  — 

5.  Every  railway  company  owning,  operating  or  using  by^fway6 
in  whole  or  in  part  in  this  Province  a  steam  or  electric  companies, 
railway  shall  pay  a  tax  of  $60  per  mile  for  one  track,  and, 
where  the  line  consists  of  two  or  more  tracks,  of  $20  per 
mile  for  each  additional  track,  owned,  operated  or  used 
as  aforesaid  in  any  organized  county;  and  of  $40  per  mile 
for  one  track  and,  where  the  line  consists  of  two  or  more 
tracks,  of  $10  per  mile  for  each  additional  track,  owned, 
operated  or  used  as  aforesaid  in  unorganized  territory, 
being  territory  without  county  organization ;  provided  that 
a  railway  company  owning,  operating  or  using  a  steam  or 
electric  railway  which  does  not,  either  by  itself  or  in  con- 
junction with  any  other  railway  leased  by  it  or  to  which 
it  is  leased  or  with  which  it  is  amalgamated  or  together 

with 


20 


Chap.   9.  SUPPLEMENTARY  REVENUE.  6   EdW.  VII. 


with  which  it  forms  one  system,  exceed  150  miles  in  length 
from  terminus  to  terminus,  shall  in  lieu  of  the  said  tax 
pay  a  tax  of  f  15  per  mile  for  one  track  and,  where  the  line 
consists  of  two  or  more  tracks,  of  $5  per  mile  for  each  addi- 
tional track;  provided  further,  that  no  tax  under  this  sec- 
tion shall  be  payable  in  respect  of  so  much  of  the  track  of 
an  electric  railway  as  is  situate  upon  any  public  highway 
or  lies  within  the  limits  of  any  city. 

(a)  Both  the  company  owning  the  railway  or  the  part 

thereof  in  question  and  the  company  or  com- 
panies operating  or  using  the  same  shall  be 
jointly  and  severally  liable  for  the  payment  of 
the  amount  of  such  tax  to  the  Provincial 
Treasurer,  but  the  total  amount  payable  in  re- 
spect of  any  railway  shall  not  exceed  the 
amounts  above  respectively  mentioned,  notwith- 
standing that  such  railway  is  owned,  operated 
or  vised  by  more  than  one  company. 

(b)  The  measurement  of  trackage  for  the  purposes  of 

this  section  shall  not  include  switches,  spurs  or 
sidings. 


62  V.  (2)  c.  8,  3.  Section  2  of  The  Supplementary  Revenue  Act,  1899, 
s.  2,  amended.  -g  amended,  by  adding  thereto  the  following  paragraph  :  — 


Tax  on  street 
railways. 


6. — (a)  Every  street  railway  company  working  or  operat- 
ing a  street  railway  partly  within  a  city  and  partly  on  the 
public  highways  without  the  limits  of  any  city  shall  pay 
a  tax  of  $10  per  mile  for  each  mile  of  track  without  such 
limits  as  aforesaid.  In  all  cases  the  mileage  shall  be  com- 
puted on  the  single  track,  each  mile  of  double  track  being 
counted  as  two  miles  of  single  track;  but  in  calculating 
the  mileage  mere  switches  or  sidings,  tracks  into  car  stables 
or  car  sheds,  T's  and  curves  laid  at  street  corners  and  por- 
tions of  track  not  in  general  use  for  passenger  traffic  shall 
not  be  counted. 


Distribution  of 
one  half  the 
revenue  from 
railway  tax 
among  muni- 
cipalities. 


4. — (1)  There  shall  be  set  apart  annually  on  the  31st 
day  of  December  in  each  year  from  the  Consolidated  Reven- 
ue Fund  of  the  Province  a  sum  equal  to  one-half  the  total 
receipts  of  the  Province  during  such  year  for  taxes  from 
railway  companies  under  sub-section  5  of  section  2  of  The 
Supplementary  Revenue  Act,  1899,  and  the  amendments 
thereto,  after  deducting  from  said  total  receipts  the  sum  of 
$30,000,  and  the  sum  so  set  apart  shall,  on  the  31st  day 
of  December  in  each  year,  be  credited  to  the  cities,  towns, 
incorporated  villages  and  organized  townships  in  the  Pro- 
vince in  proportion  to  population  as  compared  with  the 
whole  population  of  the  Province,  according  to  the  enu- 
meration thereof  as  shewn  by  the  last  preceding  Dominion 
census,  at  the  date  of  such  distribution,  and  in  the  event 

of 


1906. 


SUPPLEMENTARY  REVENUE. 


Chap.  9. 


21 


of  such  population  being  uncertain,  owing  to  change  of 
municipal  boundaries,  the  Lieutenant-Governor  in  Council 
shall  determine  the  population  of  such  municipality  for 
the  purposes  of  this  Act,  and  the  Lieutenant-Governor  in 
Council  may  also  fix  the  amount  in  cents  per  head  of  the 
population  to  be  so  credited  without  allowing  for  fractions 
of  a  cent. 

(2)  Against  such  credit  there  shall  be  charged  to  each  Municipalities 

i  •  •     T.  .   -i  ■  n     xi  ■   j        to  be  debited 

such  municipality,  as  a  contribution  towards  the  mamten-  with  cost  of 
ance  of  such  patients,  a  sum  amounting  to  ten  cents  per  ™ l^mates'oE 
patient  per  day  for  each  patient  belonging  to  such  muni-  asylums,  etc. 
cipality  maintained  for  the  whole  or  any  part  of  such  year 
in  any  lunatic  or  other  asylum  of  the  Province,  such  charge 
to  be  made  only  in  respect  of  patients  on  whose  account 
the  Province  is  not  in  receipt  from  any  source  or  sources 
of  one  dollar  and  a  half  per  week  or  more. 

(3)  In  each  such  case  all  questions  as  to  the  liability  of  ^^ji^o^ 
the  municipality  in  question  to  such  charge  shall  be  deter- how  to  be 
mined  by  an  officer  designated  for  that  purpose  by  the  Pro-  determined- 
vincial  Secretary.     Such  decision  may  at  any  time  and 

from  time  to  time  be  varied  or  cancelled  by  such  officer 
or  by  any  other  officer  designated  as  aforesaid. 

(4)  The  balance  remaining  at  the  credit  of  each  such  p^l  "ve^to6 
municipality  after  deducting  such  charge  shall  be  forth-  Sard's  main 
with  paid  by  the  Provincial  Treasurer  to  such  munici-  tenance  of 
palitj  ;  but  no  municipality  shall  be  liable  for  any  payment  excessofThe 
should  the  amount  charged  as  aforesaid  in  any  year  exceed  Edited s° 
the  amount  credited  as  aforesaid  in  such  year. 

('5^  The  names  of  the  patients  in  respect  of  whom  such  paat™^t°ft0  be 
charge  is  made  shall  be  furnished  each  year  to  the  muni- s?nt  t°  muni- 

—  cipfllitiGS. 

fipality  in  question,  but  the  same  or  any  of  them  shall 
not  be  published  in  the  accounts  of  the  municipality  unless 
ihe  council  of  the  municipality  so  directs. 


CHAPTER 


22 


Chap.  10.    DEPT.  OF  LANDS,  FORESTS  AND  MINES  0  Ed\V.  VII 


CHAPTEE  10. 


An    Act    respecting-   the    Department   of  Lands, 
Forests  and  Mines. 


Assented  to  27th  April,  1906. 


HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows : 

Rev\  stat.,^         1.  Section  2  of  The  Act  respecting  the  Executive  Covacil 
EdW.,  ViLc.5,  as  amended  by  section  1  of  the  Act  passed  in  the  fifth  year 
s  i,  amended.  of  Hig  Majesty's  reign,  chaptered  5,  is  further  amended  by 
striking  out  the  words  "Minister  of  Lands  and  Mines"  and 
inserting  in  lieu  thereof  the  words  "Minister  of  Lands,  For- 
ests and  Mines." 

"Department of  2.  The  words  "Department  of  Lands,  Forests  and  Mines" 
and  Mines."  aUCl  the  words  "Minister  of  Lands,  Forests  and  Mines"  are 
substituted  for  the  words  "Department  of  Crown  Lands" 
and  "Minister  of  Lands  and  Mines"  respectively  wherever 
they  occur  in  any  Act  of  the  Province  of  Ontario  referring 
to  the  Department  of  Crown  Lands  or  the  Minister  of  Lands 
and  Mines;  and  the  words  "Deputy  Minister  of  Lands  and 
Forests"  are  substituted  for  the  words  "Deputy  Minister  of 
Lands  and  Mines"  wherever  the  same  occur  in  any  such  Act 
referring  to  the  Deputy  Minister  of  Lands  and  Mines. 

Rev. stat.,  c. 28,  3.  Section  4  of  The  Public  Lands  Act  is  repealed  and  the 
s.  4,  repealed.   fo]lowing.  substituted  therefor  : 

Deputy  Min-  4. — (1)  There  shall  be  a  Deputy  Minister  of  Lands  and 
and  Forests.  Forests,  who  shall  be  appointed  from  time  to  time  as  a 
vacancy  occurs  by  the  Lieutenant-Governor  in  Council  and 
shall  perform  such  duties  in  the  Department  of  Lands, 
Forests  and  Mines  as  may  be  assigned  to  him  by  the  Lieu- 
tenant-Governor in  Council  or  the  Minister  of  Lands,  For- 
ests and  Mines,  and  in  the  absence  of  the  Minister  or  in  the 
case  of  a  vacancy  in  the  office  of  Minister,  shall  preside  over 
the  Department  as  regards  all  matters  other  than  those 
under  this  Act  assigned  to  the  Deputy  Minister  of  Mines, 

and 


1906  DEPT.  OF  LANDS,  FORESTS  AND  MINES.        Chap   1 U.  23 


and  the  Deputy  Minister  of  Lands  and  Forests  shall  dis- 
charge as  to  the  matters  assigned  to  him  the  duties  of  the 
Minister  of  Lands,  Forests  and  Mines. 

(2)  - There  shall  also  be  a  Deputy  Minister  of  Mines,  who  Pj^"^  Jf?£" 
shall  be  appointed  by  the  Lieutenant-Governor  in  Council 

from  time  to  time  as  a  vacancy  occurs,  who  shall  perform 
such  duties  in  the  said  Department  in  connection  with 
mines,  mining  lands  and  the  mining  industry  and  other 
matters  as  may  be  assigned  to  him  by  the  Lieutenant-Gov- 
ernor in  Council  or  the  Minister  of  Lands,  Forests  and 
Mines,  and  in  the  absence  of  the  Minister  or  in  the  case  of 
a  vacancy  in  the  office  of  Minister,  shall  discharge  therein 
the  duties  of  the  Minister  with  respect  to  mines,  mining 
lands,  and  the  mining  industry  and  such  other  matters  as 
may  be  assigned  to  him  as  aforesaid. 

(3)  The  Deputy  Minister  of  Lands  and  Forests  and  theD^Uestobe 
Deputy  Minister  of  Mines  shall  each  before  entering  upon 

the  duties  of  his  office  take  an  oath  faithfully  to  discharge 
the  same,  which  oath  shall  be  administered  by  the  Minister 
of  Lands,  Forests  and  Mines  or  any  person  appointed  by 
the  Lieutenant-Governor  in  Council  for  that  purpose. 

(4)  In  the  absence  of  either  of  the  said  Deputy  Ministers oSeSty0' 
the  other  Deputy  Minister  shall  take  his  place  and  discharge  other ,u  l 
his  duties. 


CHAPTER 


Chap.  11. 


MINES. 


6  Edw.  VII 


CHAPTER  11 


An  Act  respecting-  Mines. 


Assented  to  11th  May,  1906. 


Short  Title,  s.  1. 
Interpretation,  b.  2. 
Application  of  Act,  s.  3  (1)  (2). 
Staking  claims  for  stone,  marble, 
etc.,  s.  3  (3). 
Royalties  Abandoned,  s.  4. 
Reservation  op  Mines  in  certain 

patents,  abandoned,  s.  5. 
Sales   for  other  purposes  not 

affected,  s.  6. 
Regulations,  s.  7. 
Mining  Commissioner,  s.  8. 

Jurisdiction,   powers   and  pro- 
cedure, ss.  9,  16,  18,  21,  29,  43. 
Penalty  for  disobeying  orders  of, 

s.  17. 
Sittings,  ss.  22-27. 
Shorthand  writer,  s.  28. 
Appeals  from,  s.  30-43. 
Rules  of  procedure,  ss.  39-40. 
Fees  and  costs,  ss.  37,  38,  40,  41. 
To  be  ex  officio  justice  of  the 
peace,  s.  42. 
Bureau    of   Mines,  —  Deputy 

Minister,  ss.  44-46. 
Provincial  Geologist,  s.  47. 
Provincial  Assayer,  s.  48. 
Inspectors,  ss.  49-50. 
Mining  Recorders, — Powers  and 
Duties,  ss.  51-73. 
Constables  appointed  by,  ss.  53, 
54. 

Inspection  of  documents  in  office 

of,  ss.  55,  56. 
Evidence  of  records,  s.  57. 
Recording  applications,  ss.  58-59. 
Jurisdiction  of,  in  settling  dis- 
putes, ss.  60,  61,  65. 
Appeal  from,  ss.  60,  61,  74,  75. 
Decisions,  record  of,  ss.  62-64. 
Vacancy  in  office,  ss.  66-73. 
Inspection  of  Claims,  ss.  67-70. 
Certificate  of  Record,  s.  71. 
Extending  time  for  performing 

working  conditions,  s.  72. 
Officers, — Employment  of,  s.  76, 
77. 


Not  compellable  to  disclose  in- 
formation, s.  78. 
Mining  Divisions,  Establishment 
of,  ss.  79,  80. 

Mistakes  as  to  office  records,  s. 
81. 

List  of  patents  and  leases  to  be 

sent  to  Recorder,  s.  82. 
Special  divisions,  s.  83. 
Licenses  and  Licensees,  ss.  84-97. 
Renewals,  ss.  91,  92. 
Substituted  license,  s.  93. 
Crown  Lands,  Withdrawal  of, 
s.  98. 

Re-opening  lands  withdrawn,  ss. 

99-101. 
Gillies  limit,  s.  100. 
Exploring  without  authority,  ss. 

102,  103. 
Forest  reserves,  ss.  104,  106,  174 

(2). 

Mining  Claims,  s.  107. 

In  unsurveyed  territory,  s.  108. 
What  lands  may  not  be  staked, 

s.  109. 
Area  of,  s.  110-116. 
Discovery  necessary,  s.  117. 
Transfer  of  unpatented  claims, 

s.  118. 

Surface  rights,  ss.  119,  122,  142. 
Special  Mining  Claims,  ss.  123- 
129. 

Lands  Under  Timber  License,  s. 
130. 

Staking  out  and  holding  claims, 

ss.  131-140. 
Working  Permits,  ss.  141-154. 
Working  conditions  on,  ss.  147, 

149,  154. 
Rights  of  holder,  s.  150. 
Transfers  and  renewals,  ss.  151, 
152. 

Water  powers  on  Mining  Claims, 
s.  155. 

Recording    Mining    Claims,  ss. 
156-159. 


Working 


1906. 


MINES. 


Chap.  11  25 


Wqkking  Condition's  on  Mining 
Claims,  ss.  16p-164. 
Report  on  work  done,  ss.  161, 
162. 

Abandonment  of  claim,  ss.  165, 
166. 

Forfeiture  of  claims,  ss.  167, 168. 
Patent  of  Mining  Claim,  ss.  169- 
174. 

Price  of  mining  lands,  s.  174. 
Timber,  s.  175  ■ 

Surveys  of  Mining"  iClaims,  ss. 

176-180. 
ProspectingTermits,,  s.  181. 

Leasing  to_holder,  s.  181  (5),  (8). 
Placer  Mining,  s.  182. 
Dredging  Leases,  s.  183. 
Fees,  s.  184. 

Mining  Partnerships,^.  185. 
Companies,  s.  186. 
Exploratory  Drilling,  s.  187. 
Lien  for  Wages,  ss.  188,  189. 

HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows:  — 

1.  This  Act  may  be  cited  as  The  Mines  Act,  1 906.  short  title. 
R.S.O.  1897,  c.  36,  s.  1. 

GENERAL  PROVISIONS. 

Interpretation. 

2.  Where  the  following1  words  occur   in  this  Act,   and  interpretation 
in  Orders-in-Council  or  regulations  under  it,  they  shall  be 
construed  in  the  manner  herein  mentioned,  unless  a  con- 
trary intention  appears : 

(1)  "Agent,"  when  used  in  relation  to  any  mine,  shall  "Agent.' 
mean  any  person  having,  on  behalf  of  the  owner,  care  or 
direction  of  any  mine,  or  of  any  part  thereof,  and  shall 
include  "manager"  and  "superintendent."     R.S.O.  1897, 

c.  36,  s.  2  (11). 

(2)  "Crown  lands"  shall  include  all  Crown  lands,  School  "Crown- 
lands  or  Clergy  lands  not  in  the  actual  use  or  occupation  of  Iiinds' 
the  Crown,  or  of  any  public  Department  of  the  Government 

of  the  Dominion  of  Canada,  or  of  this  Province,  or  of  any 
officer  or  servant  thereof,  and  not  under  lease  or  license  of 
occupation  from  the  Crown  or  the  Minister  of  Lands  and 
Mines,  and  as  to  which  no  adverse  claim  exists  which  is 
subsequently  recognized  h\  the  Minister  of  Lands  and 
Mines.     R.S.O.  1897,  c.  36,  s.  2  (4). 

(3)  "Department"  means  and  includes  the  Department  "Department." 
of  Lands,  Forests  and  Mines  of  the  Province  of  Ontario. 

(4) 


Application  of  Act  respecting 
Riots  near  Public  Works,  s. 
190. 

Regulations  for  working  Mines, 

ss.  191-208. 
Employees  age,  ss.  192-197. 
Licensee  not  to  damage  other 

claims,  s  198. 
Liquor  licenses,  s.  199. 
Payment  of  wages,  s.  200. 
Statistical  returns,  s.  201. 
Plan  of  workings,  s.  202. 
Prevention  of  accidents,  ss.  203- 

206. 

Notice  of  accidents,  report,  ss. 
207,  208. 

Offences  and  penalties,  ss.  209- 
213. 

Prosecutions,  s.  214. 
Burden  of  proof  of  title  to  ore, 
s.  219. 

Application  of  fines,  fees,  etc., 

ss .  220,  221 . 
Repealing  former  enactments,  s. 

222. 


Chap.  11. 


MINES. 


6  Edw.  VII 


(4)  "In  place"  shall  mean  the  place  or  position  in  which 
a  vein,  lode  or  other  deposit  of  mineral  or  minerals  was  ori- 
ginally formed  or  deposited,  as  distinguished  from  loose, 
fragmentary  or  broken  rock,  boulders  or  float,  and  from  a 
bed  or  deposit  of  gold-  or  platinum-bearing  sand,  earth,  clay 
or  gravel. 

(5)  "Inspector"  shall  include  any  inspector  appointed 
under  this  Act,  and  whether  for  a  Mining  Division  or  any 
part  thereof,  or  for  the  Province.  R.S.O.  1897,  c.  36,  s. 
2  (12). 

(6)  "Licensee,"  "holder  of  a  mining  license,"  means  and 
includes  the  person,  registered  partnership  or  company 
named  in  a  miner's  license  duly  issued  under  the  provisions 
of  this  Act,  while  said  miner's  license  or  any  renewal  there- 
of is  in  force  and  unexpired  and  not  cancelled  or  revoked 
under  this  Act. 

(7)  "Minister"  means  and  includes  the  Minister  or  Act- 
ing Minister  for  the  time  being  of  the  Department  of  Land?, 
Forests  and  Mines  of  the  Province  of  Ontario. 

(8)  "Machinery"  shall  include  steam  or  other  engines, 
boilers,  furnaces,  stamps  or  other  crushing  apparatus,  wind- 
ing or  pumping  gear,  chains,  trucks,  tramways,  tackle, 
blocks,  ropes  or  tools,  and  all  appliances  of  whatsoever  kind 
used  in  or  about  or  in  connection  with  the  mine.  R.S.O. 
1897,  c.  36,  s.  2  (9). 

(9)  The  noun  "mine"  shall  include  every  shaft  sunk  or 
in  the  course  of  being  sunk,  and  every  adit,  level  and 
inclined  plane  driven  or  in  the  course  of  being  driven  for 
commencing  Or  opening  or  working  any  mine,  or  for 
searching  for  or  proving  minerals,  and  all  the  shafts, 
levels,  planes,  works,  machinery,  tramways  and  sidings, 
both  below  ground  and  above  ground,  in  and  adjacent  to 
a  mine,  and  any  such  shaft,  level  and  inclined  plane  belong- 
ing to  any  mine  to  which  this  Act  applies,  together  with 
all  rocks,  soils,  or  strata  containing  any  ore  or  valuable 
mineral,  and  all  roast  yards,  smelting  furnaces  and  other 
places  where  the  work  of  mining  or  the  crushing,  reduc- 
ing, smelting,  refining  or  otherwise  treating  of  ore  or  min- 
eral may  be  carried  on,  and  all  borings,  holes  or  wells  put 
down  for  searching  for  or  procuring  any  mineral  or  min- 
eral substance.    R.S.O.  1897,  c.  36,  s.  2  (1). 

(10)  The  verb  "mine"  and  the  participle  "mining" 
shall  include  any  mode  or  method  of  working  whatsoever 
whereby  the  soil  or  earth  or  any  rock,  stone  or  quartz 
may  be  disturbed,  removed,  carted,  carried,  washed, 
sifted,  roasted,  smelted,  refined,  crushed  or  otherwise  dealt 
with  for  the  purpose  of  obtaining  any  metal  or  mineral 
therefrom,  whether  Ihe  same  may  have  been  previously 
disturbed  or  not.    R.S.O.  1897,  c' 36,  s.  2  (2). 

(H) 


1906. 


MINES. 


Chap.  11  27 


(11)  "Mining  Division"    shall   include    any    tract    of  "^jgjj^;, 
country  declared  or  proclaimed   by  Order-in-Council  to 

he  a  Mining  Division  under  this  Act.      R.S.O.  1897,  c. 
36,  s.  2  (3). 

(12)  "Mining  rights"  shall  mean  the  ores,  mines  and  rights."8 
minerals  on  or  under  any  land  where  the  same  are  or  have 

been  dealt  with  separately  from  the  surface  of  the  land. 
R.S.O.  1897,  c.  36,  s.  2  (6). 

(13)  "Mining  lands"  shall  mean  and  include  all  lands  lands.1" 8 
and  mining  rights  patented  or  leased  under  or  by  authority 

of  any  statute,  regulation,  Act,  or  Order  in  Council  at  any 
time  in  force  in  Ontario,  respecting  mines  or  mining  lands, 
and  likewise  all  lands  used  for  mining  purposes. 

(14)  "Official,"  "officer,"  means  and  includes  the  Dep- 
uty  Minister  of  Mines,  the  Provincial  Geologist,  the  Pro- 
vincial Assayer,  the  Inspectors,  Mining  Recorders  and 
other  officials  for  the  time  being  duly  appointed  under 
this  Act. 

(15)  "Owner"  when  used  in  relation  to  any   mine,  0r"0wner"" 
mining  land  or  mining  rights  shall  include  every  person, 
registered  or  unregistered  partnership  or  body  corporate, 

who  is  the  immediate  proprietor  or  lessee  or  occiipier  of 
any  mine,  or  of  any  part  thereof,  or  of  any  land  located, 
patented  or  leased  as  mining  land  under  this  or  any  other 
Act  or  law  of,  or  applicable  to,  this  Province,  now  or 
heretofore  in  force,  relating  to  mines,  minerals  or  min- 
ing, but  shall  not  include  a  person,  registered  or  unregis- 
tered partnership  or*  body  corporate  who  merely  receives 
a  royalty,  rent  or  fine  from  a  mine  or  mining  land,  or  is 
merely  the  proprietor  of  a  mine  or  mining  land  subject 
to  any  lease,  grant  or  license  for  the  working"  thereof,  or 
is  merely  the  owner  of  the  soil  and  not  interested  in  the 
ore  or  minerals  thereon.    R.S.O.  1897,  c.  36,  s.  2  (10). 

(16)  "Patent"  shall  mean  a  Crown  grant  and  shall  be "  i'"""1' " 
deemed  in  the  case  of  a  mining  claim,  or  a  special  mining 
claim,  to  include  the  fee  simple  or  any  less  portion  thereof 
expressly  stated,  and  in  the  case  of  mining  rights  to  in- 
clude all  the  Crown  title  in  the  mines,  ores  and  minerals 
thereof,  together  with,  unless  therein  otherwise  expressly 
stated,  all  necessary  rights  of  way  and  also  water  (if  any) 
essential  to  the  due  working  thereof. 

(17)  "Placer  mining  claim"  shall  mean  any  natural t*$$iS!»* 
stratum  or  bed  of  earth,  gravel  or  cement  mined  for  gold 

or  other  precious  minerals  or  stones. 

(18)  "Prescribed"  refers  to  the  direction  contained  in " described.' 
an  Order-in-Council  or  an  Order  or  regulation  made  by  . 

the  Minister  or  Mining  Commissioner  under  the  authority 
of  this  Act. 

(19) 


/ 


28 


Chap.  11. 


MINES. 


6  Edw.  VII 


•  Shaft,' 


"  Stake,' 
"post." 


ft. S. B.C. 
Is97,  c.  18,  s.  2. 


(19)  "Shaft"  shall  include  pit,  and  "plan"  shall  include 
a  map  or  section,  and  a  correct  copy  or  tracing  of  any 
original  plan  as  so  defined.    R.S.O.  1897,  c.  36,  s.  2  (8). 

(20)  "Stake",  "post"  shall  mean  a  stake  standing  not 
less  than  four  feet  above  the  ground,  and  squared  or  faced 
on  four  sides  for  at  least  one  foot  from  the  top,  and  each 
side  so  squared  or  faced  shall  measure  at  least  four  inches 
on  its  face  so  far  as  squared  or  faced,  and  any  stump  or 
tree  cut  off  and  squared  or  faced  to  the  above  height  or 
size;  provided  when  the  survey  is  made  the  centre  of  the 
tree  or  stump  where  it  enters  the  ground  shall  be  taken 
as  the  point  to  or  from  which  measurement  shall  be  made. 


"  Surface 
rights." 


"Valuable 
mineral." 


"  Water 
power." 


(21)  "Surface  rights"  shall  mean  lands  granted,  leased 
or  located  for  agricultural  or  other  purposes  and  in  re- 
spect of  which  the  ores,  minerals  and  mines  thereupon  or 
under  the  surface  thereof  are  by  statute,  the  patent  or 
lease,  or  otherwise,  reserved  to  the  Crown.  R.S.O.  1897, 
c.  36,  s.  2  (5). 

(22)  "Valuable  mineral"  shall  mean  a  vein,  lode  or 
other  deposit  of  mineral  or  minerals  in  place,  containing 
such  quantities  of  mineral  or  minerals,  other  than  lime- 
stone, marble,  clay,  marl,  peat,  or  any  building  stone,  as 
to  make  it  probable  that  the  said  vein,  lode  or  other  deposit 
is  capable  of  being  developed    into    a    workable  mine. 

(23)  "Water-power"  shall  be  deemed  to  include  not  only 
the  land  under  water  at  a  fall  or  rapid,  but  also  the 
land  adjoining  such  water  to  the  extent  of  one  chain  on 
every  side  thereof,  together  with  such  additional  area 
adjoining  the  same  as,  in  the  opinion  of  the  Mining 
Recorder  of  the  Mining  Division  wherein  same  is  situate, 
or  of  the  Minister  may  be  necessary  for  the  proper  develop- 
ment and  utilization  of  such  water-power.  63  V.  c.  13, 
s.  19. 


Application  of  Act. 


Miuesetc.tobe  3.- — (1)  All  mines,  minerals,  mining  lands  and  mining 
rights  of  every  nature  and  kind  within  the  legislative  jur- 
isdiction of  the  Province  of  Ontario,  and  every  owner 
thereof  shall,  where  not  herein  otherwise  provided,  be  sub- 
ject to  the  provisions  of  this  Act. 


subject  to 
provisions  of 
Act. 


Section  ItiO, 
application 
limited. 


(2)  The  provisions  of  section  160  of  this  Act  shall 
not  apply  to  mines,  minerals,  mining  lands,  mining 
claims  and  mining  rights  granted,  leased,  located  or 
recorded  prior  to  the  date  this  Act  comes  into  operation, 
or  to  mines,  minerals,  mining  lands,  mining  claims 
or  mining  rights  applied  for  prior  to  the  date  this 
Act  comes  into  operation,  under  The  Mines  Act  or  any  reg- 
ulations 


1906. 


MINES. 


Chap.  11  29 


illations  there  under  unless  the  application  therefor  is  there- 
after abandoned,  withdrawn  or  refused,  or  lapses,  or  the 
applicant  omits  to  pay  to  the  Department  the  purchase 
price  or  first  year's  rental  of  the  said  mining  lands  or 
mining  rights,  as  the  case  may  be,  within  the  period  or 
periods  prescribed  by  The  Mines  Act,  or  otherwise  to  fulfil 
any  of  the  conditions  required  of  applicants  for  mining 
lands  under  the  said  Act.  Provided  that  all  min-  Proviso, 
ing  claims  situated  in  the  townships  of  Coleman,  Bucke, 
Lorrain  and  Hudson  staked  out  and  recorded  on  and  after 
the  28th  day  of  August,  A.D.  1905.  under  the  Regulations 
for  Mining  Divisions,  shall  be  subject  to  the  provisions  of 
this  Act. 

(3)  Notwithstanding  the  passage  of  this  Act  applicants  R^gh^of^ 
for  mining  lands  who  have  complied  with  the  provisions  preserved, 
of  The  Mines  Act  or  regulations  thereunder  respecting 
applications  for  such  lands  and  whose  applications  are 
pending  before  the  Department  at  the  time  this  Act  is 
passed,  shall  not  be  debarred  from  completing  their  appli- 
cations in  terms  of  the  law  in  force  previous  to  the  coming 

into  operation  of  this  Act  as  same  is  interpreted  by  the  Min- 
ister, or  from  obtaining  such  title  to  the  said  lands  as  is 
provided  for  therein,  as  fully  as  if  this  Act  had  not  been 
passed. 

(4)  AVhere  not  situated  within  the  limits  of  a  Special  staking  claims 
Mining  Division,  Crown  lands  containing  any  bed,  stratum  Gaining 'stone"" 
or  deposit  of  limestone,  marble,  clay,  marl,  peat  ar  any marble  et0- 
building  stone  may  be  staked  out  as  mining  claims  under 

this  Act  upon  proof  being  furnished  to  the  satisfaction  of 
the  Mining  Recorder  of  the  Mining  Division  in  which  the 
lands  are  situated  that  such  bed,  stratum  or  deposit  is  of  a 
size  and  character  as  to  be  workable  for  any  one  or  more  of 
such  substances,  but  all  valuable  minerals  as  defined  in  this 
Act  shall  be  reserved  therefrom ;  but  no  such  claim  shall  be 
staked  out  on  any  land  heretofore  or  hereafter  located,  sold 
or  patented  under  the  Public  Lands  Act  or  the  Free  Grants 
and  Homesteads  Act  or  the  regulations  made  thereunder, 
and  the  said  substances  shall  be  deemed  to  have  been  con- 
veyed by  any  such  patent  heretofore  issued  or  any  such 
patent  hereafter  issued ;  provided  that  this  section  shall  not 
affect  any  rights  heretofore  acquired  in  any  such  substances 
or  the  land  containing  the  same. 


4.  All  royalties  which   bv  the  Act  passed  in  the  54+h  Rovaitiesunde 

54  V..  C.  8.55  V 
c.9,  abandoned. 


year  of  Her  Majesty's  reign,  entitled  An  Act  to  amend  the^"-c'i!5&y-' 


General  Mining  Act,  or  by  The  Mines  Act,  1892,  or  by  the 
Revised  Statutes  (1897)  respecting  mines,  or  by  any  patent, 
have  been  reserved,  imposed  or  made  payable  to  the  Crown 
for  the  use  of  the  Province  upon  or  in  respect  of  any  orei 
or  minerals  extracted  from  lands  granted  under  any  patent 
or  lease,  are  declared  to  be  abandoned.     63  V.  c.  13,  8.  2. 

5- 


30 


Chap.  11. 


MINES. 


6  Edw.  VII 


Reservations  5.  All  reservations  of  mines,  ores  and  minerals  contained 
in  eertlin tc *n  any  patent  issued  prior  to  the  1st  day  of  July,  1867,  and 

patents  aban-  all  provisions  except  working  conditions  which  reserve  or 
limit  the  mineral  rights  conveyed  by  any  patent  or  lease 
heretofore  issued,  excepting  patents  issued  under  The  Pub- 

?se 2>.iStat "  CC'  Hc  Lands  Act,  and  The  Free  Grants  and  Homesteads  Act, 
are  hereby  rescinded  and  made  void,  and  all  mines,  ores 
and  minerals  base  and  precious,  in  or  upon  such  lands  des- 
cribed or  defined  in  a  patent,  shall  be  deemed  to  have  been 
granted  in  fee  simple  as  part  of  such  lands,  and  to  have 
passed  with  the  said  lands  to  the  subsequent  and  present 
owners  thereof  free  from  any  such  reservation.  63  V. 
c.  13,  s.  3. 


ofrier  eur"  'ses  ^'  Nothing  herein  contained  shall  interfere  with  or  pre- 
not!arrreetedSes  vent  the  sale,  lease  or  location,  for  agricultural  or  other  pur- 
poses, of  any  lands  situated  within  the  boundaries  of  any 
Mining  Division,  which  have  been  or  may  hereafter  be 
opened  for  sale  or  as  free  grants  under  The  Public  Lands 
Act  and  The  Free  Grants  and  Homesteads  Act,  or  any  Act 
or  Order  in  Council  or  Regulation  respecting  the  sale  and 
disposal  of  such  lands. 


Regulations. 


Lieutenant-         7. — (1)  'ph^  Lieutenant-Governor  in  Council  may  from 

Governor  111         .  ..  ,  , 

council  mav  time  to  time  make  such  orders  as  are  deemed  necessary  to 
tionstocarry  carry  out  the  provisions  of  this  Act  or  to  meet  cases  which 
'of tAPrtovlslons  may  arise  and  for  which  no  provision  is  made  in  the  Act, 
or  when  the  provision  which  is  made  is  deemed  to  be  am- 
biguous or  doubtful,  and  may  further  make  and  declare 
any  regulations  which  are  considered  necessary  to  give 
the  provisions  in  this  section  contained  full  effect,  and 
from  time  to  time  alter  or  revoke  any  order  or  orders  or 
regulations  made  in  respect  of  the  said  provisions  and 
make  others  in  their  stead  and  further  impose  penalties 
not  exceeding  $200  or  not  exceeding  three  months'  im- 
prisonment for  violation  of  any  regulations  under  this 
Act,  and  further  provided  that  any  statement  or  returns 
required  to  be  made  by  said  regulations  shall  be  verified 
on  oath. 


Regulations  as  (2)  The  Lieutenant-Governor  in  Council  may  from  time 
roads,  <mches,  to  time  make  such  regulations  as  he  deems  necessary  or 
etl'  expedient  for  the  opening,  construction,  maintenance  and 

using  of  roads  to,  through  or  over  mining  claims,  mining 
locations  or  lands  heretofore  or  hereafter  sold  or  granted 
as  mining  lands  or  recorded  as  mining  claims  or  locations; 
for  the  opening,  construction,  maintenance  and  using  of 
ditches,  aqueducts  or  raceways  through,  over  or  upon  such 
claims,  locations  or  lands  for  the  conveying  and  passage 
of  water  for  mining  purposes.      R.S.O.  1897,  c.  36,  s.  7. 

(3) 


1906. 


MINES. 


Chap.  11  31 


(3)  Any  orders   or   regulations    made  by  virtue  of   the  Regulations  to 
provisions  of  this  section,  shall  have  force  and  effect  only  ftf  r^o/'Jano 
after  the  same  shall  have  been  published  in  The  Ontario  before 
(idzette,  and  such  Orders  or  regulations  shall,   if  made  Assembly, 
when  the  Legislative  Assembly  is  sitting  be  laid  upon  the 
table  of  the  House  during  the  then  Session,  and  if  made 
ut  any  other  time  shall  be  laid  upon  the  table  of  the 
House  within  the  first  fifteen  days  of  the  Session  next  after 
(he  date  thereof,  and  in  case  the  Legislative  Assembly  at 
the  said  Session  (or  if  the  Session  does  not  continue  for 
three  weeks  after  the  said  regulations  are  laid  before  the 
House,  then  at  the  ensuing  Session  of  the  Legislature) 
disapprove   by  resolution   of   such   regulation  or  Order, 
either  wholly  or  in  part,  the  regulation  or  Order  so  far 
as  disapproved,  shall  have  no  effect  from  the  time  such 
resolution  is  passed.    R.S.O.  1897,  c.  36,  s.  8:  63  X .,  c. 
13,  s.  14. 

MINING  COMMISSIONER.. 

8.  — (1)  The  Lieutenant-Governor  in  Council  may,  f rom  maj^avpSiit 
time  to  time,  appoint  a  Commissioner  to  be  known  by  the  mis^oner°m 
official  title  of  "Mining  Commissioner,"  for  the  purpose  of 

the  Mining  laws,  that  is  to  say,  The  3fi»c.<;  Act,  and  all 
other  Acts,  laws,  and  parts  of  Acts  and  laws  in  relation  to 
the  subject  of  Mining. 

(2)  The  Mining  Commissioner  shall  be  deemed  to  be  and^lfgf^^rt 
shall  be  an  officer  of  the  High  Court.  „  , 

°  To  be  a  barns- 

(3)  He  shall  be  a  barrister  of  at  least  ten  years'  standing  terof  ten 

,  ,i      -i  n  r\    .      •  J  °  vears'  stand- 

at  the  bar  of  Ontario.  ing. 

(4)  He  shall  hold  office  by  the  same  tenure  as  an  officer  J^""re  of 
under  The  Judicature  Act. 

(5)  He  shall  not  practise  as  a  solicitor  or  barrister  or  act  Not  to  practise 
in  any  capacity  as  a  legal  agent  or  adviser  in  any  matter  matters, 
arising  under  this  Act. 

(6)  He  shall  be  paid  a  salary  of  such  amount   as  may Snlary 
be  appropriated  by  the  Legislature  for  that  purpose  to  be 
paid  monthly,  and  reasonable  travelling  expenses. 

Jurisdiction  of  the  Mining  Commissions;. 

9.  In  relation  to  all  unpatented  mining  lands  or  mining  J^Xn,.'.'  asto 
rights  and  interests  therewith  connected  and  all  persons,  unpatented 
mining  partnerships  and  companies  interested  therein  or  1 
connected  therewith  the  Mining  Commissioner  shall  have 
jurisdiction,  power  and  authority  under  this  Act  as  fol- 
lows : 

(a)  In  respect  to  all  applications,  matters  and  proceed-  Jlirl'fl" 
ings  which  may  come,  or  be  brought  before  him  under  the 
provisions  of  this  Act,  or  any  former  Act  relating  to  mines 
nr  mining,  he  shall  have  the  powers  of  a  Judge  of  the  High 
Court  of  Justice,  including  the  production   of  books  and 

I  apers 


32 


Chap.  11. 


MINES. 


6  Edw.  VII 


Actions  of 
trespass. 


Actions  of 
ejectment. 


papers ;  the  compelling  witnesses  to  attend  and  give  evi- 
dence before  him;  the  amendment  of  all  process,  notices 
and  proceedings ;  correcting  errors  and  supplying  omissions  ; 
the  fixing  the  time  and  place  of  hearing ;  appointing  a  time 
for  views  and  inspections  which  he  may  deem  necessary; 
summoning  to  his  aid  engineers,  surveyors  .or  other  experts 
and  regulating  and  directing  all  matters  incident  to  the 
hearing,  trial  and  decision  of  the  matters  before  him,  so  as 
to  do  complete  justice  between  the  parties,  and  may  grant 
an  injunction  or  mandamus  in  any  matter  before  him  under 
this  Act. 

(6)  In  all  actions  of  trespass  on  or,  in  respect  of  unpa- 
tented mining  claims  and  other  unpatented  mining  property 
or  upon  or  in  respect  of  unpatented  lands  or  waters  entered 
or  trespassed  on,  or  claimed  to  have  been  entered  or  tres- 
passed on,  in  searching  for  mining  or  working  minerals,  or 
for  any  other  purpose  directly  connected  with  the  business 
of  mining,  or  in  the  exercise  of  any  power  or  privilege 
given,  or  claimed  to  be  given,  by  this  Act  or  any  other  Act 
relating  to  mining. 

(c)  In  all  actions  of  ejectment  from  unpatented  mining 
claims  or  other  mining  property,  or  from  unpatented  lands 
or  waters  entered,  or  claimed  to  have  been  entered  upon, 
in  searching  for  mining,  or  working  minerals,  or  for  any 
purposes  directly  connected  with  the  business  of  mining, 
or  entered,  or  claimed  to  have  been  entered,  under  some 
power,  right  or  authority  given  or  obtained  under  the  pro- 
visions of  this  Act,  or  any  other  Act  relating  to  mining. 

(d)  In  all  suits  for  specific  performance  of,  or  for  reform- 
ing, or  delivering  up,  or  cancelling  any  agreement  for  sale, 
purchase  or  lease  of  any  unpatented  mining  claim,  mine  or 
other  mining  property. 

(e)  In  all  suits  for  the  dissolution  or  winding  up  of  any 
mining  partnership,  whether  recorded  or  not,  interested  in 
or  connected  with  any  unpatented  mining  land  or  mining 
rights  and  interests,  under  the  provisions  of  this  Act. 

(/)  In  all  proceedings  for  orders  in  the  nature  of  injunc- 
tions or  mandamus  where  the  same  are  or  are  deemed  by 
him  to  be  requisite  for  the  granting  of  relief  in  any  matter 
in  which  jurisdiction  is  given  to  the  Mining  Commissioner 
by  this  Act. 

10.  The  words  "Pursuant  to  The  Mines  Act,  1906," 
shall  be  written  or  printed  on  all  summonses,  plaints  and 
other  process,  and  all  other  documents,  in  every  matter, 
cause  and  application  taken  or  brought  before  the  Mining 
Commissioner. 

Proceedings  to      H.  The    hearing    of    any    summons,    plaint  ,  cause, 
goner0onPwiyth.  matter  or  other  process  or  application  before  the  Min- 
ing Commissioner  shall  not  be  deferred  beyond  the  short- 
est reasonable    time    necessary   in   the   interests   of  all 

parties 


Suits  for 
specific  per- 
formance, etc. 


Partnerships. 


Injunction  and 
mandamus. 


Proceedings  to 
be  styled  as 
being  under 
Act. 


1906. 


MINES. 


'Chap.  11  33 


parties  concerned,  and  it  shall  be  lawful  in  the  discretion 
of  the  Mining  Commissioner  to  make  summonses  or  other 
proceedings  returnable  forthwith  or  at  any  other  time. 

12.  In  all  mining  causes,  matters  and  appeals  the  Min-  §onsdonStfteeS 
ing  Commissioner  may  decide  the  question  at  issue  upon  ground, 
the  ground  in  dispute  and  such  decision  shall  be  entered 

as  in  ordinary  cases  and  have  the  same  virtue  and  effect 
as  if  rendered  at  a  formal  hearing. 

13.  When  the  Mining  Commissioner  proceeds  partly  on  when  commis- 
view  or  on  any  special  knowledge  or  skill  possessed  by  h  im-  on  view™06*418 
self,  he  shall  put  in  writing  a  statement  of  the  same  suffi- 
ciently full  to  allow  a  Divisional  Court  to  form  a  judg- 
ment of  the  weight  which  should  be  given  thereto;  and  he 

shall  state  as  part  of  his  reasons  the  effect  given  by  him 
to  such  statement. 

1-1.  In  any  mining  cause,  matter  or  appeal  the  Mining  Jury 
Commissioner  may,  before  delivering  judgment,  direct  all 
or  any  issues  of  fact  to  be  found  by  a  jury  empannelled  in 
accordance  with  the  provisions  of  The  Jurors'  Act. 

15.  In  all  applications,  matters,  causes,  appeals  and  costs, 
proceedings  before  the  Mining  Commissioner  he  may 
award  such  costs  to  either  or  any  party  and  order  and 
direct  that  costs  be  taxed  by  an  officer  of  the  District, 
County  or  High  Court,  and  the  costs  so  awarded  shall  be 
recoverable  as  may  be  ordered  by  the  Mining  Commis- 
sioner. 

16.  The  Mining  Commissioner  in  mining  causes,  mat- writs  of 
ters  and  proceedings  may  direct  the  issuing  of  writs  and arrest' etc- 
special  orders  for  the  arrest  and  detention  of  judgment 
debtors  in  all  cases  in  which  by  law  he  has  jurisdiction 

over  the  subject  matter  of  the  suit,  but  under  and  subject 
to  such  conditions  as  the  Court  or  a  Judge  might  usually 
require  in  applications  of  a  similar  nature  in  the  High 
Court. 

17.  Any  person  wilfully  acting  in  contravention  of  this  obelieneeto 
Act,  or  refusing  to  obey  any  lawful  order  or  award  of  the  order  of  Com- 
Mining  Commissioner  shall,  on  conviction  thereof  in  a misslon  r- 
summary  way  before  any  two  Justices  of  the  Peace  or  a 
Stipendiary  Magistrate  or  before  any  Judge  of  a  High  or 
County  Court,  be  liable  to  a  fine  not  exceeding  two  hun- 
dred and  fifty  dollars,  or  to  imprisonment  with  or  with- 
out hard  labour  for  any  terms  not  exceeding  three  months. 

18.  The  Mining  Commissioner  shall  have  the  powers  o^fafrVferee 
of  and  may  act  as  an  official  referee  under  The  J udieature 

Act  and  The  Arbitration  Act. 

19.  All  interlocutory  applications  for  any  of  the  pur-  5Srffai^n5y 
poses  mentioned  in  this  Act  shall  be  made  to  the  Mining 
Commissioner,  and  his  order  thereon  shall  be  final  and  con- 
clusive. 

3  S.  20 


34 


Chap.  11. 


MINES. 


6  Edw.  VII 


actionsnfor°f  Where  an  action  for  damages  is   brought   in  any 

damagesto  Court  in  Ontario  and  in  the  opinion  of  the  Court  in  which 
commissioner.  acf-on  jg  br0Ught  0r  of  a  Judge  thereof,  the  proper 
proceeding  is  under  this  Act,  or  the  action  may  be  more 
conveniently  tried  before  and  disposed  of  by  the  Mining 
Commissioner,  the  Court  or  Judge  may^on  the  application 
of  either  party  or  otherwise  and  at  any  stage  of  the  action 
make  an  order  transferring  or  referring  it  to  the  Mining 
Commissioner  and  on  such  terms  as  the  Court  or  Judge 
deems  just,  and  the  Mining  Commissioner  shall  thereafter 
give  directions  for  the  continuance  of  the  action  before 
him  and,  subject  to  the  order  of  transfer  or  reference, 
all  costs  shall  be  in  his  discretion. 

pleadings—        21.  The    Mining    Commissioner    at    any     time  after 

production  oi  -,.  ■.  ■.  .         .   ,        in        i  •  i 

documents,  etc.  a  proceeding  is  brought  or  taken  before  him  or  an  appeal 
or  reference  is  made  to  him  as  herebefore  provided,  may 
give  directions  for  the  filing  or  serving  of  objections  and 
defences  to  such  appeal  or  reference,  and  for  the  production 
of  documents  and  otherwise,  and  may  give  an  appointment 
to  either  or  anv  party  to  the  proceeding,  appeal  or  refer- 
ence, to  proceed  therewith  at  such  place  and  time  and  in 
such  manner  as  to  him  may  seem  proper,  but  the  hearing 
shall  be  in  the  county  or  district,  or  one  of  the  counties 
or  districts  in  which  the  subject  matter  of  the  proceeding 
appeal  or  reference  is  situate. 

Sittings  of  Mining  Commissioner. 

cierk  of  22.  The  Clerk  of  the  County  or  District  Court  in  the 

trict  court  to  County  or  District  where  any  proceeding  under  this  Act 
attend  sittings  is  ^  originated  shall  attend  all  sittings  of  the  Mining  Com- 
missioner in  the  County  or  District  for  which  such  Clerk 
has  been  appointed,  and  in  connection  therewith  shall  be 
subject  to  the  orders  of  the  Mining  Commissioner  and 
under  the  direction  of  the  Mining  Commissioner,  and  shall 
take  charge  of  and  file  all  documents  and  exhibits  and 
shall  be  entitled  to  the  same  fees  for  filings  and  for  his 
services  and  for  certified  copies  of  decisions  or  reports  as 
for  similar  services  in  the  County  Court ;  which  fees  shall 
be  paid  in  money  and  not  by  stamps.  The  Mining  Com- 
missioner shall  fix  the  place  of  trial  for  any  cause  coming 
before  him  at  such  place  as  to  him  may  seem  most  conven- 
ient for  the  parties  to  the  dispute. 

Absence  of         23.  In  the  absence  of  the  Clerk  of  the  County  Court 

Clerk  of  Covin-  ,~,  ••  •    i    i  •  ii 

ty court-  the  Mining  bommissioner  mav  appoint  his  own  clerk  or 
appointment  of  gome  nther  pergon  to  act  as  Deputy  Clerk  of  the  County 

Court  for  the  purpose  of  the  proceeding  and  for  taking 
charge  of  and  filing  all  exhibits,  and  the  person  so  ap- 
pointed shall  while  so  acting  have  the  same  power  and 
be  entitled  to  the  same  fees  as  the  Clerk  of  the  county 
Court  would  have  and  be  entitled  to  if  personally  present. 

Powers  of  24.  When  an  appointment  is  given  by  the  Mining  Com- 

ommissionei  mjssj0Iier  for  ^he  hearing  of  any  matter  of  reference  under 

3a  s.  this 


1906. 


MINES. 


Chap.  11 


35 


this  Act  in  any  City,  Town  or  place  where  a  Court  House  *^t^QU°sfc 
is  situated,  he  shall  have  in  all  respects  the  same  authority 
as  a  Judge  of  the  High  Court  in  regard  to  the  use  of  the 
Court  House,  or  other  place  or  apartments  set  apart  in  the 
county  or  district  for  the  administration  of  justice. 

25.  Sheriffs,  deputy  sheriffs,  constables  and  other  peace  sheriffs,  etc.,  to 
officers  shall  aid,  assist  and  obey  the  Mining  Commissioner  commissioned 
in  the  exercise  of  the  jurisdiction  conferred  by  this  Act 
whenever  required  so  to  do,  and  shall,  upon  the  certificate 

of  the  Mining  Commissioner,  -be  paid  by  the  county  or 
counties,  district  or  districts,  interested,  like  fees  as  for 
similar  services  at  the  sittings  of  the  High  Court  for  the 
trial  of  causes. 

26.  Subpoenas  for  the  attendance  of  witnesses  at    the  subpoenas, 
hearing,  tested  in  the  name  of  the  Mining  Commissioner 

may  be  issued  by  the  Clerk  of  Records  and  Writs  or  by 
the  Clerk  of  any  County  or  District  Court  in  Ontario. 

27.  The  fees  and  conduct  money  to  be  paid  to  a  witness  witness  fees, 
subpoenaed  under  this  Act  shall  be  according  to  the  scale 

:for  the  time  being  in  force  in  County  Courts. 

28.  A  shorthand  writer  may  from  time  to  time  be  ap- ghorthand 
pointed  by  the  Lieutenant-Governor  in  Council  to  report  writer, 
hearings  or  trials  before  the  Mining  Commissioner,  and 
every  such  officer  shall  be  deemed  to  be  an  officer  of  the 

High  Court,  and  shall  be  paid  in  the  same  manner  as 
shorthand  writers  in  the  High  Court  are  paid,  and  the 
several  sections  of  The  Judicature  Act  respecting  short- 
hand writers  shall  apply  to  any  shorthand  writer  appointed 
under  this  Act. 

Decisions  of  Mining  Commissioner. 

29.  The  decision  or  report  of  the  Mining  Commissioner  ^""^[l0^ 
shall  not  be  given  out  until  stamped  with  the  necessary  until  stamped, 
stamps. 

30.  The  decision  or  report  of  the  Mining  Commissioner  Appeal  to 
on  any  appeal,  reference  or  proceeding  under  this  Act,  org1^sionftl 
on  a  reference  under  The  Arbitration  Act,  or  in  any  action 

or  proceeding  transferred  or  referred  to  him  under  this  Act, 
shall  be  binding  and  conclusive  upon  all  parties  thereto, 
unless  appealed  from  to  a  Divisional  Court  within  fifteen 
days  after  the  filing  thereof,  or  within  such  further  time  as 
the  Mining  Commissioner  or  a  Divisional  Court  or  a  Judge 
thereof  may  allow,  save  as  otherwise  provided  by  this  Act 
in  any  case  where  it  is  declared  that  the  decision  of  the 
Mining  Commissioner  shall  be  final.  The  decision  or  report 
may  be  appealed  against  to  a  Divisional  Court  in  the  same 
manner  as  from  a  decision  of  a  Judge  of  the  High  Court 
sitting  in  Court. 

31 


36 


Chap.  11. 


MINES. 


6  Edw.  VII 


commissioner01  31.  The  decision  or  report  of  the  Mining  Commissioner 
—Notice  of  '  with  the  evidence,  exhibits,  the  statement  (if  any)  of 
inspection  or  of  technical  knowledge  and  the  reason  for  his 
decision  shall  be  filed  in  the  office  of  the  Clerk  of  the 
County  or  District  Court  where  the  proceeding  in  question 
was  originated  unless  otherwise  ordered  by  the  Mining  Com- 
missioner, in  which  case  the  same  shall  be  filed  as  and  where 
ordered  by  the  Mining  Commissioner,  and  notice  of  the 
filing  shall  forthwith  be  given  by  the  Clerk  or  other  officer 
with  whom  same  is  filed  by  post  or  otherwise,  to  the  solicit- 
ors of  the  parties  appearing  by  solicitor,  and  to  other  par- 
ties not  represented  by  a  solicitor. 

32.  The  Mining  Commissioner  shall  enter  in  the  books  of 
his  office  a  record  of  each  decision  made  by  him  under  auth- 
ority of  this  Act  in  regard  to  a  mining  claim  and,  likewise, 
notify  the  licensee  holder,  for  the  time  being,  of  such  min- 
ing claim  by  registered  letter  addressed  post  paid  to  such 
licensee  to  his  address  appearing  of  record  in  the  books  of 
the  Mining  Commissioner. 

33.  A  licensee  holder,  for  the  time  being,  of  a  mining 
claim  shall  be  entitled  to  receive  from  the  Mining  Commis- 
sioner a  certificate  of  any  decision  by  the  Mining  Commis- 
sioner authorized  by  this  Act  relative  to  such  mining  claim, 
which  certificate  shall  contain  the  date  of  the  record  in  the 
books  of  the  Mining  Commissioner  of  such  decision. 


Record  of  deci- 
sions—notice 
to  licensee. 


Certificate  of 
decision  as  to 
mining  claim. 


Form  of  deci- 
sion.— entry  of 
judgment 
thereon. 


Change  of 
venue. 


34.  The  decision  of  the  Mining  Commissioner  in  all  cases 
shall  be  in  the  form  of  an  award  or  order  for  judgment  and 
may  be  delivered  as  decisions  by  the  Judges  of  the  Supreme 
Court  of  Judicature  are,  and  need  not  be  in  the  form  of  a 
report ;  and  unless  appealed  from  to  a  Divisional  Court  as 
herein  provided,  judgment  may  be  entered  in  the  office 
wherein  the  proceeding  is  then  pending  without  any  further 
or  other  application  or  order.  The  Mining  Commissioner 
by  order  may  change  the  venue  in  any  proceeding  before 
him  as  he  may  deem  desirable. 


Procedure  and  Costs. 


Application  of  35.  Except  as  in  this  Act  otherwise  provided,  and  sub- 
preotioeof  iec*  to  the  provisions  thereof,  the  rules  and  practice  for  the 
High  court.     time  being  of  the  High  Court  of  Justice  shall,  subject  to 

the  decision  of  the  Mining  Commissioner,  be  followed  so  far 

as  the  same  are  applicable. 

Evidence  need      36.  In  cases  brought  before  the  Mining  Commissioner  in 
noteseextended  pursuance  of  the  powers  conferred  by  this  Act,  or  by  any 
quired16        °ther  Act,  the  evidence  taken  before  him  need  not  be  filed, 
and  need  only_  be  written  out  at  length  bv  the  shorthand 
writer,  if  required  by  the  Mining  Commissioner  or  by  any 
parties  to  the  proceeding;  and  if  required  by  any  of  the 

parties 


v 


1906. 


MINES. 


Chap.  11  37 


parties  to  the  reference,  copies  shall  be  furnished  upon 
such  terms  as  may  be  fixed  by  the  Lieutenant-Governor  in 
Council. 

37.  Fees  shall  be  paid  in  stamps  or  otherwise  in  the  same  f^timps  pa'd 
manner  as  in  the  case  of  other  proceedings  in  the  High 
Court  until   other  provision  is  made  in   that   behalf  by 
the  Lieutenant-Governor  in  Council. 


38.  To  provide  a  fund  for  or  towards  the  payment  of  the  f ees  Pay*bIe,  . 

, .  .     .         ,         ,  ,i_        for  each  daylof 

Mining  Commissioners  salary  and  other  expenses,  there  trial.  ( 
shall  be  further  payable  a  sum  which  shall  be  determined 
by  the  Mining  Commissioner  and  mentioned  in  his  decision 
or  report  or  in  a  subsequent  report,  not  to  exceed  the 
rate  of  twenty-five  dollars  a  day  for  every  full  day  a  trial 
or  proceeding  occupies,  and  which  shall  be  paid  by  one  or 
other  of  the  parties,  or  distributed  between  or  among  the 
parties  as  the  Mining  Commissioner  directs;  the  said  sum 
to  be  paid  to  the  Clerk  for  the  uses  of  the  Province  and  to 
be  accounted  for  by  him. 

39.  The  Judges  of  the  Supreme  Court  of  Judicature  for  supreme  court 
Ontario,  with  the  Mining  Commissioner,  as  a  Board,  shall  makenUes. 
have  the  like  authority  to  make  general  rules  with  respect 

to  proceedings  before  the  Mining  Commissioner  and  appeals 
from  him  as  the  Judges  have  with  respect  to  proceedings  in 
said  Court  under  The  Judicature  Art;  and  sections  122  to 
125  of  The  Judicature  Act  shall,  with  the  necessary  amend- 
ments, apply  thereto. 

40.  — (1)  Subject  to  any  such  general  rules  the  Mining  Powers  of 
Commissioner  shall  have  power,  with  the  approval  of  the  asto™uU's°and 
Lieutenant-Governor  in  Council,  tn  frame  rules  regulating  tariffs  of  costs, 
the  practice  and  procedure  to  be  followed  in  all  proceedings 

before  him  under  this  Act,  and  also  to  frame  tariffs  of  fees 
in  cases  not  governed  by  the  High  Court  tariff  of  costs. 

(2)  Such  rules  and  tariffs,  whether  made  by  the  Board  or 
the  Mining  Commissioner,  shall  be  published  in  the 
Ontario  Gazette  and  shall  thereupon  have  the  force  of  law; 
and  the  same  shall  be  laid  before  the  Legislative  Assembly 
at  its  next  session  after  promulgation  thereof. 

41.  Until  other  provisions  are  made  under  the  last  two  scale  of  costs 
preceding  sections  the  tariff  of  the  County  Court  in  all  causes  p^storf* 
and  matters  wherein  the  amount  in  ouestion  therein  is  ofmade. 

the  value  of  loss  than  $400  and  of  the  High  Court  in  all 
onuses  and  matter  wherein  thf  amount  in  questiou  is.  or  in 
th°  opinion  of  the  Mining  Commissioner  may  be.  of  th^ 
value  of  $400  or  over,  shall  be  the  tariff  of  costs  and  of  fees 
and  disbursements  for  solicitors  and  officers  under  this  Act, 
and  the  Mining  Commissioner  shall  have  the  powers  of  a 
County  Judge  and  of  a  Taxing  Officer  of  the  High  Court 

with 


38 


Chap.  11. 


MINES. 


6  Edw.  vir 


with  respect  to  counsel  fees,  and  may  also  allow  further 
counsel  fees  in  case  of  a  trial  occupying  more  days  than  one. 


Ex-officio  Jus- 
tices of  the. 
Peace. 


42.  The  Mining  Commissioner  and  every  Inspector,  and  in 
and  for  the  Mining  Division  in  which  a  Mining  Recorder 
is  appointed  such  Mining  Recorder,  shall  be  ex-officio  a 
Justice  of  the  Peace  of  the  county  or  united  counties,  dis- 
trict or  districts  which  a  Mining  Division  comprehends  or 
includes,  in  whole  or  in  part,  or  in  which  or  in  any  por- 
tion of  which  a  Mining  Division  lies;  and  it  shall  not  be 
necessary  that  he  shall  reside  therein  or  possess  any  pro- 
perty qualification  whatever  in  order  to  enable  him  lawfully 
to  act  as  such  Justice  of  the  Peace.  R.S.O.,  1897,  c.  36, 
s.  23. 


Appeals  from  Mining  Commissioned  to  Divisional  Court. 

Appeal  from  43.  Where  not  herein  otherwise  provided,  there  shall  be 
toUMsfoma1  an  appeal  to  a  Divisional  Court  from  every  decision  of  the 
Court.  Mining  Commissioner. 


BUREAU  OF  MINES  AND  OFFICERS. 


Deputy  Minister. 


Bureau  of 
Mines, — 
Deputy 
Minister. 


44.  The  Bureau  of  Mines  established  in  connection  with 
the  Department,  to  aid  in  promoting  the  mining  interests 
of  the  Province,  shall  be  continued,  and  the  officer  ap- 
pointed by  the  Lieutenant-Governor  in  Council  as  provided 
in  The  Public  Lands  Act,  and  known  as  the  Deputy  Minis- 
ter of  Mines,  shall  have  charge  thereof  under  the  direction 
of  the  Minister  unless  and  until  otherwise  ordered,  and 
shall  be  paid  such  salary  as  shall  be  voted  by  the  Legisla- 
ture.   R.S.O.  1897,  c.  36,  s.  14. 


Power  of 

Deputy 

Minister. 


45.  The  Deputy  Minister  shall  have  all  the  powers,  rights 
and  authority  throughout  the  Province  which  an  Inspector 
or  Mining  Recorder  has  or  may  exercise  in  any  Mining 
Division,  and  such  other  powers,  rights  and  authority  for 
the  carrying  into  effect  of  the  provisions  of  this  Act  as  have 
been  or  shall  be  assigned  to  him  by  regulation.  R.S.O. 
1897,  c.  36,  s.  15. 


Word  "Bureau1 
not  to  be  used 
by  mining 
concerns. 


Penalty. 


46.  No  person,  firm,  syndicate  or  company  conducting  a 
mining  business  of  any  sort  or  kind  in  the  Province  shall 
use  the  term  "Bureau"  to  describe  the  name  or  title  under 
which  such  business  is  carried  on  ;  and  every  person  con- 
travening this  provision  shall,  for  every  day  upon  which 
such  contravention  occurs,  or  continues,  or  is  repeated,  in- 
cur a  fine  of  not  more  than  $20  and  costs,  and  in  default 

of 


1906. 


MINES. 


Chap.  11  39 


of  payment  of  the  fine  and  costs  such  person,  any  member 
of  such  firm  or  syndicate,  or  any  officer  of  such  company, 
may  be  imprisoned  for  a  period  not  exceeding  one  month. 
62  V.  (2),  c.  10,  s.  2. 

Provincial  Geologist. 

47.  The  Lieutenant-Governor  in  Council  may  appoint  Appointment 
an  officer  to  be  known  by  the  official  title  of  "Provincial  Geologist. 
Geologist,"  who  shall  be  an  officer  of  the  Bureau  of  Mines, 

and  shall  perform  such  duties  as  may  be  assigned  to  him 
by  this  Act  or  any  regulation  and  who  shall  be  ex-officio 
an  Inspector. 

Peovincial  Assayer. 

48.  The  Lieutenant-Governor  in  Council  may  appoint  Appointment 
an  officer  to  be  known  by  the  official  title  of  "Provincial  Assayer!es  °£ 
Assayer,"  who  shall  be  an  officer  of  the  Bureau  of  Mines, 

and  shall  perform  such  duties  as  may  be  assigned  to  him 
by  this  Act,  or  any  regulation. 

Inspectors. 

49.  The  Lieutenant-Governor  maj  appoint  for  the  Pro-  Appointment 
vince  or  any  part  thereof  an  Inspector  or  Inspectors  who  i"SpeCutoress  of 
shall  be  officers  of  the  Bureau  of  Mines,  and  who  shall  per- 
form such  duties  as  may  be  assigned  to  them  by  this  Act 

or  any  regulation.     R.S.O.  1897,  c.  36,  s.  16  (1).  Amended. 

Powers  and  Duties  of  Inspector. 

50.  An  Inspector  under  this  Act  shall  have  power  to  do  powersof 
all  or  any  of  the  following  things,  namely :  inspectors. 

(1)  To  make  such  examination  and  inquiry  as  may  be  inquiries-as;to 
necessary  to  ascertain  whether  the  provisions  of  this  Act  wi"hPAc"ce 
relating  to  matters  either  above  or  below  ground  are  com- 
plied with  in  the  cake  of  any  mine. 

(2)  To  enter,  inspect  and  examine  any  mine  and  every  InSpection 
portion  thereof  at  all  reasonable  times  by  day  or  night, 

but  so  as  not  to  impede  or  obstruct  the  working  of  the 
mine. 

(3)  To  examine  into  and  make  inquiry  respecting  the  Examination 
state  and  condition  of  any  mine,  or  any  portion  thereof,  and  as  to  matters 
the  ventilation  of  the  mine,  and  all  matters  and  things  heaUhand 
connected  with  or  relating  to  the  safety  of  the  persons  Imp'oyJes. 
employed  in  or  about  the  mine,  or  any  mine  contiguous 
thereto,  and  to  give  notice  to  the  owner  or  agent  in  writ- 
ing of  any  particulars  in  which  he  considers  such  mine  or 

any  portion  thereof,  or  any  matter,  thing  or  practice  to 
be  dangerous  or  defective,  and  to  require  the  same  to  be 

remedied 


40  Chap.  11. 


MINES. 


6  Edw.  VII 


Stopping  work 
when  mine 
unsafe. 


General  powers 
for  protection 
of  miners. 


Annual  report. 


remedied  within  the  period  of  time  named  in  such  notice, 
and  unless  the  cause  of  danger  is  removed  or  such  defect  is 
remedied  within  the  time  named  the  owner  or  agent  shall 
be  guilty  of  an  offence  against  this  Act. 

(4)  To  order  the  immediate  cessation  of  work  in  and  the 
departure  of  all  persons  from  any  mine  or  portion  thereof 
which  he  considers  unsafe,  or  to  allow  persons  to  continue 
to  work  therein  on  such  precautions  being  taken  as  he 
deems  necessary. 

(5)  To  exercise  such  other  powers  as  may  be  necessary 
for  ensuring  the  health  and  safety  of  miners  and  all  other 
persons  employed  in  or  about  mines,  smelters,  metallurg- 
ical and  mining  works.    60  V.,  c.  8,  s.  27.  . 

(6)  Every  Inspector  under  this  Act  shall  make  an  annual 
report  of  his  proceedings  during  the  preceding  year  to  the 
Deputy  Minister  of  Mines,  which  report  shall  be  laid  before 
the  Legislative  Assembly,    s.  29. 

Mining  Recorders;  Their  Duties  and  Powers. 


Mining 
Recorder. 


51.  The  Lieutenant-Governor  may,  from  time  to  time,  for 
each  Mining  Division,  appoint  a  local  officer  to  be  known 
as  a  "Mining  Recorder,"  who  shall  be  an  officer  of  the 
Bureau  of  Mines,  to  receive  and  record  applications  for 
mining  lands  in  the  respective  Divisions,  and  to  carry 
out  the  provisions  of  this  Act  as  prescribed.  R.S.O.  1897, 
c.  36,  ss.  16  (1),  17. 


Powers  of 
Recorder. 


52.  Every  Mining  Eecorder  shall,  as  to  the  Mining 
Division  for  which  he  is  appointed,  and  the  Mining  Com- 
missioner, shall  have  power  to  settle  summarily  all  disputes 
between  licensees  as  to  the  existence  or  forfeiture  of  mining 
claims,  and  the  extent  and  boundaries  thereof,  and  as  to  the 
use  of  water  and  access  thereto,  and  generally  to  settle  all 
difficulties,  matters  or  questions  between  licensees  which 
may  arise  under  this  Act;  and  the  decision  of  such  Mining 
Recorder  in  all  cases  under  this  Act  sjiall  be  final,  except 
as  to  decisions  pronounced  after  the  passing  of  this  Act 
where  an  appeal  is  made  therefrom  to  the  Mining  Com- 
missioner within  fifteen  days  from  the  date  of  such 
decision,  and  no  case  under  this  Act  shall  be  removed  into 
any  court  by  certiorari.    63  V.,  c.  13,  s.  18. 


constables  may  *>3-  Every  Mining  Recorder  appointed  in  and  for  a  Mill- 
be  appointed    \n„  Division  under  this  Act  may  appoint  any  number  of 

by  Recorder.         *         -  , .         ,  *r  J 

constables  not  exceeding  four;  and  the  persons  so  from 
time  to  time  appointed  shall  be  and  are  hereby  constituted 
respectively  constables  and  peace  officers  for  the  purposes 
of  this  Act,  for  and  during  the  terms  and  within  the  Min- 
ing Divisions  for  which  they  are  respectively  appointed. 
R.S.O.  1897,  c.  36,  s.  25. 

54. 


1906. 


MINES. 


Chap.  11  41 


54.  Constables  and  peace  officers  appointed  by  a  Mining  Fees  of  con- 
Recorder  under  authority  of  this  Act  shall  be  paid  suchsa,es 
reasonable  fees  and  expenses  as  may  be  contracted  for  by 

the  Mining  Recorder,  but  sucli  fees  shall  not  exceed  two 
dollars  per  day  for  the  time  certified  by  such  Mining  Re- 
corder. 

55.  Every  Mining  Recorder  shall  keep  all  necessary  books  ^°okst*nbde 
for  the  recording  of  mining  claims  and  other  entries  therein  kepTby  e 
as  may  be  prescribed  by  the  Minister,  and  the  record  of  any  Recorder- 
mining  claim  in  a  book  in  the  Mining  Recorder's  office 

shall  be  open  to  inspection  by  any  person  on  payment  of  a 
fee  of  10  cents  for  each  claim  examined.  He  shall  also 
keep  displayed  in  his  office  a  map' or  maps  showing  the  ter- 
ritory included  in  the  Division,  and  shall  mark  thereon  all 
the  claims  as  they  are  taken  up  and  recorded,  and  also  all 
areas  applied  for  under  the  provisions  of  this  Act  relat- 
ing to  working  permits,  and  also  all  such  areas,  specially 
distinguished,  in  respect  of  which  a  working  permit  has 
been  issued,  and  there  shall  be  no  charge  for  examining 
the  same.    R.S.O.  1897,  c.  36,  s.  51  (1). 

56.  Every  document  filed  in  the  Mining  Recorder's  office  ^p'^.[0docu 
shall,  during  office  hours,  be  open  to  inspection  by  any  one  ments. 

on  payment  of  the  proper  fee  as  set  forth  in  the  schedule  r.s.  b.c. 
hereto.  c.i8,s.97. 

57.  Every  copy  of  or  extract  of  any  entry  in  any  of  Evidence  of 
the  said  books,  or  of  any  documents  filed  in  the  Mining recor  s' 
Recorder's  office,  certified  to  be  a  true  copy  or  extract  by  the 
Mining  Recorder,  shall  be  received  in  any  court  as  evidence  r.s.  b.c, 
of  the  matters  therein  contained.  18,98- 

58.  The  Mining  Recorder  shall  forthwith  enter  in  the  'i*^™}*1^ 
proper  book  in  his  office  the  particulars  of  every  applica-  entered, 
tion  for  a  claim  presented  by  a  licensee,  and  shall  file  the 
application,  sketch  or  plan  and  affidavit  with  the  records 

of  his  office,  and  if  within  sixty  days  of  the  date  of  the 
recording  of  a  mining  claim  staked  out  after  the  passage  of 
this  Act,  no  dispute  as  to  the  rights  of  a  licensee  to  the 
claim  by  reason  of  prior  discovery  or  otherwise,  has  been 
lodged  with  the  Mining  Recorder,  he  may  grant  to  the^ecr^*'ate  ot 
licensee  a  certificate  of  such  record.  Such  certificate  may 
be  according  to  the  form  No.  1  set  forth  in  the  schedule 
hereto.    R.S.O.  1S9T,  s.  36.  s.  51  (1),  part. 

59.  Every  licensee,  by  or  on  whose  behalf  an  application  Applicant  for 
is  made  to  record  the  staking  out  of  a  mining  claim,  a  toCproduce  a 
special  mining  claim  or  a  working  permit,   shall,   at  tlw re0Co"detoabe 
time  of  such  application  produce  the  miner's  license  of  such  endorsed 
licensee  to  the  Mining  Recorder  to  whom  such  application 

is  made,  and  such  Mining  Recorder  shall  endorse  and  sign 

up  mi 


42  Chap.  11. 


MINES. 


6  Edw.  yii 


Adjudication 
of  recorder  as 
to  compliance 
with  Act. 


Mining 
recorder  to 
decide  as  to 
work  done  on 
claim. 


Record  of 
decisions,— 
notice  to 
licensee. 


Licensee  holder 
of  claim  may 
procure  copy 
of  report  of 
inspection. 


upon  the  back  thereof  a  note  in  writing  of  each  and  every 
such  record  made  to  such  licensee,  and  no  such  record  shall 
be  complete  or  effective  unless  and  until  such  endorsement 

is  made  and  signed  on  such  miner's  license. 

60.  Any  question  or  dispute  as  to  non-cumpliance  with 
the  provisions  of  this  Act  regarding  a  mining  claim,  prior 
to  the  issue  of  a  certificate  of  record  of  staking  out,  shall 
be  adjudicated  on  by  the  Mining  llecorder  of  the  Mining 
Division  within  which  the  mining  claim  in  question  is  situ- 
ated, subject  to  appeal  therefrom  to  the  Mining  Commis- 
sioner, as  in  this  Act  provided. 

61.  The  Mining  Recorder  is  hereby  aiithorized  to  decide 
upon  the  sufficiency  or  insufficiency  of  the  work  herein 
required  to  be  performed  by  the  licensee  holder  for  the 
time  being  of  a  mining  claim,  and  if  any  such  licensee  be 
not  satisfied  with  the  decision  of  the  Mining  Recorder  he 
may  appeal  from  the  decision  of  such  Mining  Recorder  to 
the  Mining  Commissioner. 

62.  The  Mining  Recorder  shall  enter  in  v±±e  books  of  his 
office  a  record  of  each  decision  made  by  him  tinder  auth- 
ority of  this  Act  in  regard  to  a  mining  claim,  and  likewise 
notify  the  licensee  holder  of  such  mining  claim  for  the 
time  being  by  registered  letter  addressed  post  paid  to  such 
licensee  to  his  address  appearing  of  record  in  the  books  of 
such  Mining  Recorder. 

63.  The  licensee  holder,  for  the  time  being,  of  a  mining 
claim  shall  be  entitled  to  receive  from  the  Mining  Re- 
corder a  certified  copy  of  any  report  of  inspection  made 
under  the  authority  of  'this  Act  and  recorded  in  the  books 
of  such  Mining  Recorder. 


decisfonof  °f  licensee  holder,  for  the  time  being,  of  a  mining 

Recorder.  claim  shall  be  entitled  to  receive  from  a  Mining  Recorder 
a  certificate  of  any  decision  of  the  Mining  Recorder  auth- 
orized by  this  Act  relative  to  such  mining  claim,  which 
certificate  shall  contain  the  date  of  the  record  in  the  books 
of  the  office  of  such  Mining  Eecorder  of  such  decision. 

Recorder  to  65. — (1)  The  Mining  Recorder  shall  have  power  to  take 
ta'keev'ldence  evidence  upon  oath  in  any  matter  or  dispute  concerning  a 
subpoenas  mining  claim,  working  permit  or  prospecting  permit  situate 
within  the  Mining  Division  for  which  he  is  appointed,  and 
subpoenas  for  the  attendance  of  witnesses  at  any  in- 
vestigation or  hearing  authorized  to  be  conducted  by  a 
Mining  Recorder  hereunder,  tested  in  the  name  of  the  Min- 
ing Commissioner,  may  be  issued  by  the  Clerk  of  Records 
and  Writs,  or  by  the  Clerk  of  any  County  or  District  Court 
in  Ontario,  on  the  written  requisition  of  the  Mining  Re- 
corder requiring  same. 

(2) 


1906. 


MINES. 


Chap.  11  43 


(2)  The  fees  and  conduct  money  to  be  paid  to  a  witness  witnesses, 
subpoenaed  under  this  Act  shall  be  according  to  the  scale 

for  the  time  being  in  force  in  County  Courts. 

(3)  The  Mining  Recorder  in  deciding  any  dispute  before  Recorderto 
him  where  the  attendance  of  witnesses  appears  to  him  to  be  shall  pay 
necessary,  may  decide  as  to  which  of  the  parties  interested  Wltnesses- 
shall  pay  the  witness  fees  and  conduct  money  of  such  wit- 
nesses, and  such  decision  shall  be  binding  upon  the  parties 
unless  reversed    by    the    Mining  Commissioner  in  cases 
where  an  appeal  is  provided,  for. 

66.  Where,  for  the  time  being,  there  is  no  Mining  Re-  ^cancy  in 
corder  for  a  Mining  Division,  the  duties  of  the  Mining  Recorder. 
Recorder  shall  devolve  upon  the  Bureau  of  Mines,  under 

the  direction  of  the  Deputy  Minister,  and  it  shall  at  all 
time  be  lawful  for  the  Deputy  Minister  to  perform  the  r.s.b.c, 
duties  of  a  Mining  Recorder,  and  the  Deputy  Minister c' 18,  s' 104" 
shall  have  all  the  powers  of  a  Mining  Recorder. 

Inspection  of  Claims. 

67.  The  discovery  of  valuable  mineral,  the  staking  out        'di^  to 
(including  blazing  or  otherwise  marking  the  lines  of  a  min- covery  and 
ing  claim,  and  the  line  from  the  discovery  post  to  No.  1  w^PAct.ce 
post),  and  the  performance  of  work  as  herein  required,  shall 

be  subject  to  inspection  by  the  Mining  Recorder  of  the 
Mining  Division  within  which  the  mining  claim  in  ques- 
tion is  situated,  or  by  an  Inspector  appointed  under  this 
Act,  or  by  any  other  officer  appointed  for  that  purpose 
by  the  Minister,  at  any  time  prior  to  the  issue  of  the  certifi- 
cate of  record  of  the  staking  out  thereof  by  and  when  and  as 
ordered  by  any  of  them,  and  thereafter  only  by  and  when 
and  as  ordered  bv  the  Mining  Commissioner. 

68.  Notice  of  the  time  of  making  any  inspection  authorized  Notice'of  in- 
by  this  Act  shall  be  given  by  the  Mining  Commissioner, ^nTcensee 
or  the  Mining  Recorder  or  any  officer  intending  to  makeholder- 
such  inspection  to  the  licensee  holder,  for  the  time  being, 

of  such  mining  claim,  addressed  by  registered  letter  post 
paid  to  the  address  of  such  licensee  appearing  for  the  time 
being  of  record  in  the  books  of  the  Mining  Recorder  afore- 
said. 

69.  The  said  notice  shall  be  given  not  less  than  seven  How  notice  to 
clear  days  prior  to  the  time  so  fixed  for  such  inspection  be  glven' 
unless  a  shorter  time  be  agreed  to  by  or  on  behalf  of  the 
licensee.     Provided  that  such  notice  may  be  given  to  such 
licensee  holder  personally  as  well  as  by  registered  letter. 

70.  The  report  of  each  inspection  authorized  by  this  Act  Record  of 
shall  be  made  in  writing  by  the  officer  making  the  in-  gpectkm.  ™" 

spection' 


44  Chap.  11. 


MINES. 


6  Edw.  VII 


spection,  and  be  by  him  delivered  to  the  Mining 
Recorder  of  the  Mining  Division  within  which  such 
mining  claim  is  situated,  and  shall  be  recorded  at  length  by 

such  Mining  Recorder  in  the  books  of  his  office. 


andCdenUrSyof  71.  The  issue  and  delivery  of  a  certificate  of  record  of 
certificate  of  any  mining  claim  shall,  in  the  absence  of  fraud 
on  the  part  of  the  licensee,  be  final  and  conclusive  evidence 
of  the  performance  of  all  requirements  of  this  Act,  except 
working  conditions,  in  respect  to  such  mining  claim  up  to 
that  time,  and  such  mining  claim  shall  not,  in  the  absence 
of  fraud  on  the  part  of  the  licensee,  thereafter  be  subject 
to  forfeiture,  except  for  breach  or  non-compliance  with  the 
provisions  of  this  Act  in  respect  to  work  required  by  this 
Act  to  be   thereafter  performed   on  such  mining  claim. 


Extension  of 
time  for  com- 
pliance with 
working  con- 
ditions in  case 
of  det.,th  or 
incapacity. 


72.  In  case  of  death  or  incapacity  from  illness  of  the 
licensee  of  a  mining  claim,  special  mining  claim  or  work- 
ing permit  within  the  period  during  which  working  condi- 
tions are  by  this  Act  required  to  be  performed,  a  Mining 
Recorder  may,  from  time  to  time,  extend  the  time  for  the 
performance  of  such  working  conditions  for  such  period  as 
he  may  deem  reasonable,  and  the  said  Mining  Recorder 
shall  forthwith  record  in  the  proper  book  in  his  office  the 
particulars  of  any  and  every  extension  made  or  granted 
by  him  under  authority  of  this  section.  R.S.O.  1897,  c. 
36,  s.  2  (2). 


Bureau  of  73.  In  case  no  person  has  been  appointed  Mining  Re- 

Deputy^iinis-  corder  of  any  Mining  Division,  all  applications  shall  be 
RecOTde^ap"1'1  ma^?  to,  anQl  the  duties  herein  provided  to  be  performed 
pointed.        by  the  Mining  Recorder  of  such  Mining  Division  shall  be 

performed  by  the  Bureau  of  Mines,  under  the  direction 

of  the  Deputy  Minister. 


ArPEALS  FROM  RECORDER  TO  MlNING  COMMISSIONER. 

MmingCom  ^nere  n°t  herein  otherwise  provided,  there  shall  be 

missioncr.       an  appeal  to  the  Mining  Commissioner  from  every  decision 
of  a  Mining  Recorder. 


Time  for  ap- 
pealing. 


Notice  ( f 
appeal. 


75.  No  appeal  .authorized  by  this  Act  from  the  decision 
of  a  Mining  Recorder  to  the  Mining  Commissioner  shall  be 
allowed  after  the  expiration  of  fifteen  days  from  the  record 
of  such  decision  by  a  Mining  Recorder  in  ihe  books  of  his 
office,  unless  within  that  time  the  time  for  appeal  is  ex- 
tended by  the  Mining  Commissioner,  and  thereafter  not 
after  the  time  limited  by  the  Mining  Commissioner  there- 
for. Notice  of  appeal  shall  be  given  by  filing  a  copy  there- 
of in  the  office  of  the  Mining  Recorder  and  serving  a  copy 
thereof    upon    all    parties    adversely    interested  therein. 

Other 


1906. 


MINES. 


Chap.  11  45 


Otiikr  Officers. 

76.  — (1)  The  Lieutenant-Gevernor  may,  from  time  to  time,  StJjySSE" 
appoint  such  other  officers  and  agents  as  may  be  neces-  JJJg11*^  other 
eary  under  the  provisions  of  this  Act,  and  such  officers  and 

agents  shall  perform  such  duties  as  may  be  prescribed. 
R.S.O.  1897,  c.  36,  s.  17,  part. 

(2)  Notwithstanding  anything  in  The  Public  So- rice  A ct ofprofeSora! 
the  Minister  may  employ  any  professor,  instructor,  or  other  t*onai  in^tu*' 
person  engaged  in  any  educational  or  other  institution  for  tj^te 'mineral 
the  purpose  of  investigating  the  mineral  resources  of  the  resources. 
Province  or  for  any  work  in  connection  with  or  arising  under 
this  Act,  and  may  pay  him  for  such  services  at  such  rate  as 
may  be  agreed  upon,  out  of  any  moneys  appropriated  for 
such  investigation  or  work  by  this  Legislature. 

77.  No  officer  appointed  under  this  Act  shall  directly  or bfintere^edin 
indirectly,  by  himself  or  by  any  partner  or  other  person,  crown  lands  or 

.        J'      J  J        J   tr  r  >  mining  claim«. 

purchase  or  become  interested  m  any  Crown  lands  or  min- 
ing claims,  and  any  such  purchase  or  interest  shall  be  void. 
A  violation  of  this  section  shall  cause  the  forfeiture  of  the 
office  of  any  such  officer,  and  he  shall,  in  addition  thereto, 
be  liable  to  a  penalty  of  $500  for  every  such  offence.  Such  Penalty, 
penalty  may  be  recovered  in  an  action  by  any  person  who 
sues  for  same.    R.S.O.  1897,  c.  36,  s.  18. 

78.  No  officer  appointed  under  this  Act  shall  be  com-  ^wYto'diT 
pellable  in  any  Court  to  disclose  information  acquired  by  dose  informa- 
him  in  his  official  position. 

MINING  DIVISIONS. 

79.  For  the  purposes  of  this  Act  the  Province  shall  be  ^.fsngn- 
divided  by  Order-in-Council  into  Mining  Divisions  with  Province  to  be 
limits  which  may  from  time  to  time  be  extended,  added  to  dmded  int0i 
or  diminished,  and  from  and  after  the  publication  in  The 
Ontario  Gazette  of  an  Order-in-Council  declaring  a  tract 

of  country  to  be  a  Mining  Division,  the  Mining  Division 
therein  mentioned  and  described,  except  as  otherwise  herein 
provided,  and  all  mines  and  mining  lands  therein  shall  be 
subject  to  the  provisions  of  this  Act  and  to  the  regulations 
made  thereunder.    R.S.O.  1897,  c.  36,  s.  44. 

80.  Upon  the  establishment  of  a  Mining  Division  and  the  ^order's 
opening  of  a  Mining  Recorder's  office  therein,  such  office,  proper  place 
except  as  otherwise  provided,  and  none  other,  shall  be  the  (°aims°arddlg 
proper  office  for  recording  all  claims,  records,  certificates,  documents, 
documents,    or   other   instruments   affecting  unpatented 

claims  or  mining  property  applied  for  after  this  Act 
comes  into  operation,  and  any  thing  by  this  Act  required 
to  be  done  at  the  office  of  the  Mining  Recorder  shall,  if 
the  same  affects  or  concerns  any  claim,  mine,  or  mining 
property  to  which  this  section  applies  situated  within  a 
Mining  Division,  be  done  at  or  in  the  office  of  the  Mining 
Recorder  of  the  Mining  Division  wherein  such  claim,  mine 
or  other  mining  property  is  situated. 

Provided 


46  Chap.  11. 


MINES. 


6  Edw.  VII 


After  issue  of  Provided  that  as  to  all  mining  claims  or  mining  property 
patent  or  ieas,e .  nave  heretofore  been  patented  or  leased,  or  in  respect 

of  which  a  patent  is  hereafter  issued,  the  proper  office  for 
recording  all  claims,  records,  certificates,  documents  or 
other  instruments  shall  be  the  Registry  Office  for  the  Re- 
gistration Division  or  the  Land  Titles  Office  for  the  Land 
Titles  Division,  as  the  case  may  be,  within  which  such  min- 
ing claims  or  mining  property  are  situated. 


Mistake  as  to 
office  of  record. 


R.S.B.C., 
C.  18,  S.  22. 


81.  If,  through  ignorance,  a  licensee  shall  record  a  min- 
ing claim  in  a  Mining  Division  other  than  that  in  which 
such  claim  is  situate,  such  error  shall  not  affect  his  title  to 
such  claim,  but  he  shall,  within  fifteen  days  from  the  dis- 
covery of  such  error,  record  such  claim  in  the  Mining  Divi- 
sion in  which  it  is  situate,  and  such  new  record  shall  bear 
the  date  of  the  former  record,  and  a  note  shall  be  made 
thereon  of  the  error  and  of  the  date  of  the  rectification  of 
the  same. 


Minister  to 
furnish  Re- 
corder with 
list  of  lands 
patented  or 
leased. 


82.  On  the  passage  of  this  Act  the  Minister  shall  furnish 
to  each  Mining  Recorder  a  list  of  all  mining  lands  or  min- 
ing rights,  as  the  case  may  be,  in  respect  of  which  patents 
or  leases  have  been  issued  by  the  Crown  within  the  territory 
embraced  in  such  Mining  Division,  and  the  same  shall  be 
filed  for  reference  in  the  office  of  such  Mining  Recorder. 


Special  Mining  Divisions. 


sp^ciai^  Mining  83.  Where  a  locality  is  reported  or  shown  to  be  specially 
special  claims,  rich  in  ores  or  minerals,  the  Lieutenant-Governor  by  Order- 
in-Council  may  proclaim  the  locality  therein  defined  or 
described  to  be  a  Special  Mining  Division,  and  thereafter 
all  the  provisions  of  this  Act  applicable  to  mining  claims 
in  Mining  Divisions  shall  be  applicable  to  mining  claims 
to  be  known  as  "special  mining  claims,"  in  such  special 
Mining  Division,  but  the  area  of  special  mining  claims 
shall  not,  except  as  hereafter  provided,  exceed  twenty  acres 
in  extent. 


Licenses  and  License  Holders. 


required  84.  No  person,  registered  partnership  or  company  shall 

carry  on  in  Ontario  the  business  of  mining  or  be  entitled  to 
explore  for  mines  and  minerals  in  Ontario  without  first 
taking  out  and  thereafter  continuing  in  force  a  miner's 
license,  under  the  provisions  of  this  Act.  63  V.,  c.  13, 
s.  4,  11. 


issue  of  85.  On  payment  of  the  proper  fee,  according  to  the  sche- 

liccnse.  dule  of  fees  herein  set  forth,  the  Minister,  Deputy  Min- 
ister or  any  Mininj?  Recorder  may  issue  te  any  person  over, 
but  not  under,  18  years  of  age,  registered  partnership  or 

company 


1906. 


MINES. 


Chap.  11  47 


company  incorporated  or  licensed  under  the  laws  of  Ontario 
applying   therefor,   a   license  to  be   called   a  "Miner's 
License,"  which  shall   be    dated    on  the  date  of  issue 
thereof,  and  expire  at  midnight  on  the  31st  day  of  MarcnTermoj 
next  after  the  said  date.    Such  license  shall  not  be  trans-  license, 
ferable.    R.S.O.  1897,  c.  36,  s.  45  (1). 


86.  All  miners'  licenses  and  prospectors'  licenses  hereto-  Licenses  here- 
fore  issued  and  unexpired  shall  remain  in  force  until  the 
date  of  expiry  therein  referred  to,  and  shall  have  the 
same  force  and  effect  as  miners'  licenses  issued  under  this 
Act,  but  mining  claims  staked  out  by  a  licensee  there- 
under after  this  Act  comes  into  operation  shall  be  subject 
in  all  respects  to  the  provisions  of  this  Act. 


87.  A  licensee  under  21  years  of  age  shall,  as  regards  his  Licensees 
or  her  mining  property  and  liabilities  contracted  in  con-  "ne,— property 
nection  with  any  mining  claim  or  mining  property,  be  jjn(1  liabilities 
deemed  to  be  and  be  treated  as  of  full  age. 


88.  Every  license  shall  be  effectual  throughout  the  Pro-  g^^^e 
vince,  and  shall  be  signed  and  issued  by  the  Minister,  the  out  Province- 
Deputy  Minister  or  by  any  Recorder,  and  shall  be  accord-  Form  of' 
ing  to  form  No.  2  in  the  appendix  hereto.    63  V.,  c.  13,  s. 

5,  part. 

89.  The  individual  members  of  a  registered  partnership  License  may  be 

i        i    i  j         •  •  .    -t  iii     issued  to  part- 

or  shareholders  m  an  incorporated  company  need  not  benershipor 
holders  of  a  miner's  license  in  order  to  qualify  to  be  mem-  comPany- 
bers  of  such  partnership  or  shareholders  of  such  company, 
but  the  holding  of  a  miner's  license  by  the  partnership  or 
company  shall  not  entitle  any  individual  partner,  share- 
holder, officer  or  employee  thereof  to  the  rights  or  privi- 
leges of  a  licensee. 


90.  Every  miner's  license  shall  be  numbered,  and  in  ^J^fJjS? 
addition,  shall,  m  conjunction  with  the  number,  be  let- licenses, 
tered  with  a  letter  or  letters  of  the  alphabet  which  is  or 
have  been  prescribed  by  the  Minister  to  indicate  a  Mining 
Division  in  which  same  was  issued. 


91.  Upon  payment  of  the  fee  set  forth  in  Ihe  schedule  Renewals, 
hereto,  and  upon  the  production  of  the  then  existing 
license,  a  licensee,  whose  license  is  in  force,  shall,  upon 
application  therefor,  before  the  expiration  of  the  license, 
or  within  ten  days  thereof,  be  entitled  to  a  renewal  of  such 
license.    11. S.O.  1897,  e.  36,  s.  45  (2). 


92.  A  renewal  of  a  miner's  license  may  be  in  the  form 
(No.  3)  set  forth  in  the  appendix  hereto,  and  the  fee  for 
the  renewal  of  a  miner's  license  shall  be  as  set  forfh  in  ihe 
schedule  of  fees  hereto. 


93- 


48 


Chap.  11. 


MINES. 


6  Edw.  VII 


de^mctionor      93.  If  any  miner's  license  be  accidentally  destroyed  or 
loss  of  license,  lost,  the  owner  thereof  may,  on  payment  of  the  fee  set 
out  in  Schedule  to  this  Act,  have  a  true  copy  of  it,  signed 
rsbc         ^v  the  Mining  Recorder  out  of  whose  office  the  original 
c.18,8.7.        was  issued.    Every  such  copy  shall  be  marked  "substi- 
tuted  license,"   and  unless   some    material  irregularity 
be  shown  in  respect  thereof,  ever"  original  or  substituted 
miner's  license  shall  be  evidence  of  all  matters  therein 
contained. 

Not  more  than     94.   Except  as  hereinbefore  provided,  no  person,  regis- 

one  license  to    ,        ,  ,  1  •  ••  in  i  <• 

be  issued.  tered  partnership,  or  mining  company  snail  apply  for  or 
hold  more  than  one  miner's  license  in  any  one  year  or 
between  the  1st  of  April  in  one  year  and  31st  March  in  the 
next  year.  Any  breach  of  this  section  shall  be  an  offence 
against  this  Act. 

clerks  or  em-  95.  Nothing  herein  contained  shall  be  deemed  to  pro- 
require  license,  vide  that  a  clerk  or  employee,  of  a  licensee,  shall  require 
to  be  possessed  of  a  miner's  license  in  order  to  perform 
clerical,  manual  or  other  services  of  like  nature  for  a 
licensee,  not  including  carrying  on  the  business  of  mining 
or  exploring  for  mines  and  minerals. 

License  to  be       9g    Every  licensee  shall  produce  and  exhibit  his  license 

produced  and  ,  J  .    .      r  .  .    .  .  , 

proof  of  valid-  to  the  Inspector  or  Mining  Recorder  of  the  Division,  and 
ny  furnished.  prove  ^0  ^e  satisfaction  of  the  person  so  demanding  pro- 
duction that  it  is  in  force,  if  further  required  by  him  to 

to  do.    R.S.O.  1897,  c.  36,  s.  54. 

License  to  date     97.  Any  person,  registered  partnership  or  mining  com- 
tiorftherefon   pany  qualified   to  be  an  applicant   for  a  miner's  license 
applying  at  the  Mining  Recorder's  office  during  his  absence, 
and  leaving  the  fee  required  by  this  Act  with  the  officer  or 
B.S.B.C.  c.  18,  other  person  in  charge  of  the  said  office,  shall  be  entitled 
to  have  such  license  from  the  date  of  such  application.. 

Crown  Lands. 


withdrawal  of  98.  The  Lieutenant-Governor  in  Council  may,  at  any 
ing  rights  from  time,  and  from  time  to  time,  by  Order-in-Council,  with- 
andsaie!0"  draw  any  lands  or  mining  rights  the  property  of  the  Crown 
from  exploration,  location  and  sale,  and  set  the  same  apart 
pending  the  exploration  thereof  for  the  prospecting  of 
veins,  lodes  or  other  deposits  of  ores  or  minerals  therein  by 
the  use  of  a  diamond  drill,  or  otherwise,  under  direction  of 
the  Minister,  and  any  lands  or  mining  rights  heretofore 
withdrawn  by  Order-in-Council  shall  remain  withdrawn  un- 
til restored  to  exploration,  location  or  sale,  as  provided  in 
section  09  hereof.    R.S.O.  1897,  c.  36.  s.  33. 

Re-opening  99.  The  Lieutenant -Governor  in  Council  may  re-open 
pioration after  for  cxploral ion ,  location  or  sale  as  mining  lands  any  Crown 
withdrawal.     Innds  which  may  at  any  time  have  been  withdrawn  from 

exploration 


1906. 


MINES. 


Chap.  11  49 


exploration  or  sale,  either  upon  the  terms  and  conditions 
contained  in  this  Act,  or  upon  such  other  terms  and  condi- 
tions as  may  be  provided  or  authorized  in  that  behalf  by  the 
Legislature. 

100.  The  Crown  lands  described  as  all  that  tract  of  land  or  Lands  on  Mon- 
territory  formerly  known  as  the  Lumsden  and  Booth  tim-  heretofore1' 
ber  limit  now  known  as  Gillies  Brothers'  timber  limit,  withdrawn, 
lying  on  both  sides  of  the  Montreal  River  in  the  District 
of  Nipissing,  containing  one  hundred  square  miles  more  or 
less,  which,  by  Order-in-Council,  were  heretofore  withdrawn 
from  exploration  for  mines  or  minerals,  and  from  sale, 
lease  or  location,  when  re-opened  for  exploration,  location 
and  sale  may,  or  any  part  or  parts  thereof  specially  defined 
may,  be  re-opened  on  such  terms  and  conditions  and  at  such 
price  per  acre  or  otherwise  as  may  be  fixed  by  Order-in- 
Council,  and  said  Crown  lands  or  any  part  or  parts  thereof 
shall,  notwithstanding  any  other  provision  in  this  Act  con- 
tained, be  subject  to  such  terms  and  conditions  and  such 
price  as  is  provided  by  the  Order-in-Council  re-opening  the 
same.      E.S.O.  1897,  c.  36,  s.  9. 

Provided  that  the  Lieutenant-Governor  in  Council  may  proviso, 
provide  that  the  mines  and  minerals  in  said  lands  or  any 
part  thereof  may  be  worked  by  or  on  behalf  of  the  Crown 
under  and  pursuant  to  regulations  which  may  be  made  by 
the  Lieutenant-Governor  in  Council,  and  in  such  case  the 
said  mines  and  minerals  may  be  worked  by  or  on  behalf  of 
the  Crown  as  therein  provided. 

101.  Crown  lands  which  have  been  withdrawn  by  Order- Lands  with- 
in-Council  from  exploration  or  sale  under  authority  of  this  b^expioredfor. 
Act  shall,  until  re-opened  by  Order-in-Council  for  explora-  worked, 
tion  or  sale,  remain  withdrawn  therefrom,  and  shall  not  be 
explored,  occupied  or  worked  except  as  provided  by  the 
preceding  section. 

102.  Except  as  in  this  Act  provided,  no  person,  registered ^tobe""** 
partnership  or  company  shall  explore,  occupy  or  work  any  explored,  etc., 

.  ,r  cxcopt  under 

Crown  lands  for  mines  or  minerals.  Act. 

103.  Any  person  exploring,  occupying  or  working  any^^^^f" 
Crown  lands  for  mines  or  minerals  otherwise  than  in  out  authority, 
accordance  with  the  provisions  of  this  Act,  or  attempting 

to  do  so,  shall  incur  a  penalty  of  $20  and  costs,  and,  in 
default  of  payment  of  the  fine  and  costs,  such  person  may 
be  imprisoned  for  any  period  not  exceeding  one  month. 
R.S.O.  1897,  c.  36,  s.  9. 

104.  No  person,  registered  partnership  or  company,  not  ^w*n  of 
the  holder  of  a  miner's  license,  shall  use  or  occupy  any  of  serves. 

the  lands  in  a  Crown  Forest  Reserve,  or  prospect  for  miner- 
als or  conduct  mining  operations  therein,  and  no  licensee 
shall  use  or  occupy  any  of  the  lands  in  a  Crown  Forest  Re- 
4  s.  serve 


50  Chap.  11. 


MINES. 


6  Edw.  VII 


serve  or  prospect  for  minerals  or  conduct  mining  operations 
therein,  except  in  accordance  with  regulations  made  under 
The  Forest  Reserves  Act  and  amendments  thereto,  and  all 
regulations  heretofore  made  thereunder  are  hereby  con- 
linued  in  force  until  otherwise  provided  by  the  Lieuten- 
ant-Governor in  Council.  61  V.,  c.  10;  63  V.,  c.  12;  5 
Edw.  VII.,  c.  9,  s.  1. 


purposes. 


Lease  of  lands     105.  ^ny  lease  of  lands  in  a  Forest  Reserve,  permitting 

In  forest  reserve     ..  J     ..  .  ,      «  ,  •    i  i  ° 

for  mining  mining  operations  therein,  may  be  tor  such  periods  and  on 
such  terms  as  may  be  provided  by  regulations  made  by  the 
Lieutenant-Governor  in  Council,  but  the  lease  of  such  lands 

shall  be  for  a  period  not  longer  than  ten  years  with  the 
right  to  be  renewed  for  ten-year  periods.  62  Vic.  (2),  c. 
10,  s.  8;  5  Edw.  VII.,  c.  9,  s.  3. 


Application  of      106.  Any  regulations  to  be  made  under  authority  of  this 
ditions  ofCorn    Act  applicable  to  Crown  Forest  Reserves  shall  provide  that 
claims toYeases *ne  working  conditions  applicable  to  an  ordinary  mining 
in  forest        claim  in  a  Mining  Division,  shall  be  applicable  to  a  min- 
ing claim  in  a  Forest  Reserve,  and  that  upon  performance 
of  the  said  working  conditions  a  lease  thereof  according  to 
the  terms  hereof,  but  not  a  patent,  may  be  granted  there- 
for. 

Mining  Claims. 

What  lands  107.  Crown  lands  containing  valuable  ores  or  minerals, 
ou*yandSsoide<1  ana"  mining  rights  in  lands,  the  ores  and  minerals  whereof 
have  been  reserved  by  the  Crown  in  the  location,  sale, 
patent  or  lease  of  such  lands,  may  be  staked  out  and  sold 
as  mining  lands,  to  be  called  "mining  claims,"  as  herein 
provided.     R.S.O.  1897,  c.  36,  s.  10  (1),  part. 


Claims  in 

unsurveyed 

territory. 


108.  Each  mining  claim,  special  mining  claim,  and  area 
of  mining  land  included  in  a  working  permit  in  the  unsur- 
veyed territory  shall  be  laid  out  with  boundary  lines  run- 
ning north  and  south  and  east  and  west  astronomically, 
and  the  measurements  thereof  shall  be  horizontal,  and  in 
a  township  surveyed  into  lots  shall  be  such  part  of  one  of 
such  lots  as  herein  denned,  and  the  ground  included  therein 
shall  be  deemed  to  be  bounded  under  the  surface  by  lines 
vertical  to  the  horizon.      R.S.O.  1897,  e.  36,  s.  50  (2). 


Claims  not  to 
be  staked  out 
In  town  sites 
or  in  railway 
lands. 


Proviso. 


109.  No  mining  claim  shall  be  staked  out  or  recorded  on 
any  land  included  in  or  reserved  or  set  apart  as  a  town  site 
whether  the  same  shall  have  been  subdivided  into  town  lots 
or  not,  or  upon  any  station  grounds,  switching  grounds, 
yard  or  right  of  way  of  any  railway,  or  upon  any  coloniza- 
tion or  other  road  or  road  allowance,  except  by  order  of  the 
Minister.  Provided  that  all  mines  and  minerals  of  every 
nature  and  kind  in  any  lands  which  have  been  or  may 
hereafter  be  transferred  by  any  Order-in-Council  under 

authority 


1906. 


MINES. 


Chap.  11  51 


authority  of  Chapter  seven  of  the  Acts  of  the  Legislature 
passed  in  the  fourth  year  of  the  reign  of  His  Majesty  shall, 
unless  expressly  reserved  therein,  be  deemed  to  have  been 
and  in  the  case  of  an  Order-in-Council  hereafter  made,  unless 
therein  otherwise  expressly  stated,  shall  be  deemed  to  be 
included  as  part  of  the  said  lands,  and  the  said  mines  and 
minerals  and  the  said  lands  are  hereby  declared  to  be 
exempt  from  the  provisions  of  this  section. 

110.  A  mining  claim  in  unsurveyed  territory  shall  not  Area  of  mining 
exceed  a  square  of  twenty  chains  or  1,320  feet,  containing  unsurveyed 
forty  acres,  but  an  irregular  portion  of  land  lying  between  terntory- 
two  or  more  claims  may  be  staked  out  with  boundaries  co- 
terminous thereto,  provided  that  its  area  shall  not  exceed 

forty  acres. 

111.  In  any  township  surveyed  into  sections  of  640  acres  in  townships 
or  thereabouts  where  the  sections  have  been  subdivided  into gectionsof"*0 
quarter  sections,  or  subdivisions  containing  160  acres  or  648  acres, 
thereabouts,  a  mining  claim  shall  consist  of  the  northeast 
quarter,  the  northwest  quarter,    the  southeast  quarter  er 

the  southwest  quarter  of  any  such  quarter  section  or  sub- 
division, containing  forty  acres,  or  thereabouts. 

112.  In  any  township  surveyed  into  lots  of  320  acres  or  Townships 

,  surveyed  into 

thereabouts,  a  mining  claim  shall  consist  of  one  or  other  lots  of  320  acres, 
of  the  following  subdivisions  of  the  lot,  namely,  the  north- 
west quarter  of  the  north  half,  the  northeast  quarter  of 
the  north  half,  the  southwest  quarter  of  the  north  half, 
the  southeast  quarter  of  the  north  half,  the  northwest  quar- 
ter of  the  south  half,  the  northeast  quarter  of  the  south 
half,  the  southwest  quarter  of  the  south  half,  or  the  south- 
east quarter  of  the  south  half,  containing  forty  acres,  or 
thereabouts. 

113.  In  any  township  surveyed  into  lots  with  single guryeyedPinto 
fronts,  containing  200  acres  or  thereabouts,  or  in  any  lots  of  200  acres, 
township  surveyed  into  sections  of  1,200  acres  or  2,400 

acres  where  the  lots  contain  200  acres  or  thereabouts,  or 
in  any  township  surveyed  into  lots  with  double  fronts, 
containing  200  acres  or  thereabouts,  a  mining  claim  shall 
consist  of  the  northeast  quarter,  the  southwest  quarter, 
the  northwest  quarter,  or  the  southeast  quarter  of  the  lot, 
containing  fifty  acres  or  thereabouts.. 

114.  In  any  township  surveyed  into  lots  of  100  acres  or  Townships 
thereabouts,  a  mining  claim  shall  consist  of  the  north  woTcrelow'0 
half,  the  south  half,  the  east  half,  or  the  west  half  of  the 

lot,  containing  fifty  acres  or  thereabouts. 

115.  Where  mining  locations  the  property  of  the  Crown  Mining  loca- 
in  unsurveyed  territory  have  been  surveyed'  in  conf ormitv  survlvedin °re 
with  the  provisions  of  any  Act  of  the  Legislature  into  £rXyyed 

blocks 


52 


Chap.  11. 


MINES. 


O  illDW.  VII 


biocks  of  the  following  dimensions,  namely,  20  chains 
in  length  by  20  chains  in  width,  40  chains  in  length  by  20 
chains  in  width,  40  chains  square,  or  80  chains  in  length 
by  40  chains  in  width,  or  thereabouts,  and  the  plans  %and 
field  notes  of  such  locations  are  of  record  in  the  Depart- 
ment, a  mining  claim  staked  out  thereon  shall  be  20  chains 
in  length  by  20  chains  in  width,  and  one  claim  shall  com- 
prise the  whole  of  a  location  20  chains  square.  A  location 
40  chains  in  length  by  20  chains  in  width  may  be  divided 
into  two  mining  claims  by  a  line  drawn  through  the  centre 
thereof  parallel  to  one  of  the  shorter  boundaries.  In  the 
case  of  a  location  40  chains  square  a  claim  shall  consist  of 
one  or  other  of  the  following  subdivisions  :  the  northeast 
quarter,  the  northwest  quarter,  the  southeast  quarter,  or 
the  southwest  quarter.  In  a  location  80  chains  in  length 
by  40  chains  in  width  where  the  length  of  the  location  is 
north  and  south,  a  claim  shall  consist  of  the  northeast 
quarter  of  the  north  half,  the  northwest  quarter  of  the  north 
half,  the  southeast  quarter  of  the  north  half,  or  the  south- 
west quarter  of  the  north  half;  the  northeast  quarter  of  the 
south  half,  the  northwest  quarter  of  the  south  half,  the 
southeast  quarter  of  the  south  half,  or  the  southwest  quar- 
ter of  the  south  half.  Where  the  length  of  the  location  is 
east  and  west  a  claim  shall  consist  of  the  northeast  quarter 
of  the  east  half,  the  northwest  quarter  of  the  east  half,  the 
southeast  quarter  of  the  east  half,  or  the  southwest  quarter 
of  the  east  half;  the  northeast  quarter  of  the  west  half,  the 
northwest  quarter  of  the  west  half,  the  southeast  quarter 
of  the  west  half,  or  the  southwest  quarter  of  the  west  half, 
containing  forty  acres  or  thereabouts. 


Irregular  lots 
in  surveyed 
townships. 


116.  In  the  case  of  surveyed  townships  containing  lots 
irregular  in  shape  or  size,  fronting  upon  a  lake,  river  or 
road,  a  mining  claim  shall  consist  of  40  acres,  or  there- 
abouts, with  a  uniform  depth  and  width  of  20  chains,  and 
one  or  more  of  its  boundaries  shall  coincide  with  one  or 
more  of  the  boundaries  of  the  lot  of  which  it  forms  a  part. 


Discovery  of        J 17.  No  licensee  shall  be  deemed  to  have  acquired  any 
mineral  necess-  right  or  claim  under  this  Act  or  any  regulations  thereunder 
claim. VaM     *°  a  mining'  claim  unless  a  discovery  of  valuable  mineral  has 
been  made   thereon   by    or   on   behalf  of  such  licensee. 


recorded. 


Transfers  not  118.  No  transfer  of  an  unpatented  mining  claim  staked 
able  unless06  out  after  this  Act  comes  into  operation  or  of  any  interest 
in  writing  and  therein  shall  be  enforceable  unless  the  same  shall  be  in 
writing,  signed  by  the  transferor,  or  his  agent  authorized 
in  that  behalf,  and  recorded  by  the  Mining  Recorder. 
Such  transfer  may  be  in  the  form  No.  4  in  the  appendix 
hereto.  Where  a  transfer  is  signed  by  an  agent  the  auth- 
ority 


1906. 


MIXES. 


Chap.  11 


53 


ority  of  such  agent  shall  be  recorded  prior  to  such  trans- 
fer being  recorded.  (New.) 

Surface  Rights. 


119.  Where  the  surface  rights  in  any  lands  have  been  H?^?,'1^01' 
granted,  sold,  leased  or  located  and  a  mining  claim  shall  be  surface  rights, 
staked  out  for  any  portion  of  the  said  lands,  the  licensee  so 
staking  out  shall  compensate  the  owner,  lessee  or  locatee  of 
the  said  surface  rights  for  injury  or  damages  which  are  or 
may  be  caused  to  the  surface  rights,  and  in  case  the 
licensee  and  such  owner,  lessee  or  locatee  are  unable  to 
agree  upon  the  amount  of  compensation  therefor  or  the 
manner  in  which  same  shall  be  paid  or  secured,  application 
by  any  party  interested  may  be  made  to  the  Mining  Com- 
missioner to  ascertain,  determine  and  prescribe  the  amount 
of  such  compensation  and  the  manner  and  time  in  which 
the  same  shall  be  paid  or  secured,  and  the  same  shall  there- 
upon be  ascertained,  determined  and  prescribed  by  the  Min- 
ing Commissioner,  or  as  he  may  direct,  and  when  so  ascer- 
tained, determined  or  prescribed  shall  be  final  and  binding 
upon  all  parties  interested.    R.S.O.  1897,  c.  36,  s.  42  (1). 


120.  The  Mining  Recorder  shall  have  power  to  reduce  Reduction  in 

.  °    .    .  .  ,.      areaot  claim 

the  extent  of  any  mining  claim  or  special  mining  claim  where  surface 
staked  out  where  the  surface  rights  have  been  granted,  been  soldi* 
sold,  leased  or  located,  i#  in  his  opinion  an  area  less  than 
forty  acres  or  twenty  acres,  as  the  case  may  be,  is  suffi- 
cient for  working  the  ores,  minerals  and  mining  rights 
therein  contained,  and  his  decision  in  such  case  shall  be 
final. 


121   No  person  shall  have  the  right  of  entry  as  prospector  Right  of  entry 

,         1  ,,  „  ■    n  ?       »  j-i     ,  /•  p  of  prospectors 

or  explorer  upon  the  surface  rights  of  that  portion  of  any  limited, 
lot  used  as  a  garden,  orchard,  vineyard,  nursery,  plantation 
or  pleasure  ground,  or  upon  which  crops  that  may  be  dam- 
aged by  such  entry  are  growing,  or  on  which  is  situated 
any  spring,  artificial  reservoir,  dam  or  water-works,  or  any 
dwelling  house,  outhouse,  manufactory,  public  building, 
church  or  cemetery,  except  with  the  consent  of  the  owner, 
lessee  or  locatee,  or  the  person  in  whom  the  legal  estate 
therein  is  vested,  or  by  order  of  the  Mining  Commissioner. 
R.S.O.  1897,  c.  36,  s.  43. 

122.  The  Mining  Recorder  shall  not  grant  a  certificate  compensation 
of  record  of  the  staking  out  of  a  mining  claim  as  provided  Defore  claim 
in  section  58,  on  any  lands  the  surface  rights  of  which  have  recor  e 
been  granted,  sold,  leased  or  located,  unless  and  until  com- 
pensation for  injury  or  damage  to  the  surface  rights  has 
been  paid  or  secured,  as  provided  by  section  119  hereof. 

Special 


54  Chap.  11. 


MINES. 


6  Edw.  VII 


Special  Mining  Claims. 


c\atosfinpecial  123.  In  any  township  surveyed  into  sections  of  640  acres, 
townships      or  thereabouts,  where  the  sections  have  been  subdivided 

surveyed  into  »  •    ■  ■  •  • 

sections  of  into  quarter  sections  or  subdivisions  containing  160  acres 
or  thereabouts  a  special  mining  claim  shall  consist  of 
either  of  the  west  half  or  the  east  half  of  any  of  the  follow- 
ing, that  is  to  say  :  The  northeast  quarter,  the  southeast 
quarter,  the  northwest  quarter,  or  the  southwest  quarter 
of  any  quarter  section  or  subdivision,  and  shall  contain 
twenty  acres,  or  thereabouts. 


in  townships  jn  any  township  surveyed  into  lots  of  320  acres  or 

surveyed  into 

lots  of  320  thereabouts,  a  special  mining  claim  shall  consist  of  one  or 
other  of  the  following  subdivisions  of  the  lot,  namely,  the 
northeast  quarter  of  the  noriheast  quarter,  the  northwest 
quarter  of  the  northed  quarter,  the  southeast  quarter  of 
the  northeast  quarter,  or  the  southwest  quarter  of  the 
northeast  quarter,  or  any  like  subdivisions  of  the  south- 
east quarter,  the  southwest  quarter,  or  the  northwest  quar- 
ter of  the  said  lot,  containing  twenty  acres,  or  thereabouts. 


in  townships       125.   In  any  township  surveyed  into  lots  with  single 

surveved  into  • 

lots  of  200  fronts  containing  200  acres  or  thereabouts,  or  in  any  town- 
ship surveyed  into  sections  of  1,200  acres  or  2,400  acres 
where  the  lots  contain  200  acres  or  thereabouts,  or  in  any 
township  surveyed  into  lots  with*double  fronts  containing 
200  acres  or  thereabouts,  a  special  mining  claim  shall, 
where  the  side  lines  of  the  lots  run  northerly  and  south- 
erly, consist  of  one  or  other  of  the  following  subdivisions 
of  the  lot,  namely,  the  northeast  quarter  of  the  north 
half,  the  southeast  quarter  of  the  north  half,  the  north- 
west quarter  of  the  north  half,  the  southwest  quarter  of 
the  north  half,  the  northeast  quarter  of  the  south  half,  the 
northwest  quarter  of  the  south  half,  the  southwest  quarter 
of  the  south  half,  or  the  southeast  quarter  of  the  south 
half,  containing  twenty-five  acres  or  thereabouts;  and 
where  the  side  lines  of  the  lots  run  easterly  and  westerly, 
a  special  mining  claim  shall  consist  of  the  northeast  quar- 
ter of  the  east  half,  the  northwest  quarter  of  the  east  half, 
the  southeast  quarter  of  the  east  half,  the  southwest  quar- 
ter of  the  east  half,  the  northeast  quarter  of  the  west  half, 
the  northwest  quarter  of  the  west  half,  the  southeast  quar- 
ter of  the  west  half,  or  the  southwest  quarter  of  the  west 
half,  containing  twenty  acres  or  thereabouts. 


Iii  townships  126.  In  any  township  surveyed  into  lots  of  100  acres  or 
ioteVofyiooWlth  thereabouts,  a  special  mining  claim  shall  consist  of  the 
acres.  northeast  quarter,  the  southeast  quarter,  the  northwest 

quarter,  or  the  southwest  quarter  of  the  lot,  containing 

twenty-five  acres  or  thereabouts. 


127 


1906.  mines.  Chap.  11  55 

127.  A  special  mining  claim    in    unsurveyed    territory  in  unsurveyed 
shall  be  rectangular  in  form,  and  shall  be  laid  out  with  terntor> 
boundary  lines  running  north  and  south  and  east  and  west 
astronomically,  and  shall  have  a  length  from  north  to 

south  not  exceeding  twenty  chains,  or  1,320  feet,  and  a 
width  from  east  to  west  of  ten  chains  or  660  feet,  contain- 
ing twenty  acres,  or  thereabouts. 

128.  Where  mining  locations  the  property  of  the  Crown  ^"1."^.°^' 
■  iu  unsurveyed  territory  have  heretofore  been  surveyed  in  fore  surveyed 

conformity  with  the  provisions  of  any  Act  of  the  Legis-  terrYtory.veyed 
lature  into  blocks  of  the  following  dimensions,  namely, 
20  chains  in  length  by  20  chains  in  width,  40  chains  in 
length  by  20  chains  in  width,  40  chains  square,  or  80  chains 
in  length  by  40  chains  in  width,  or  thereabouts,  and  the 
plans  and  -field  notes  of  such  locations  are  of  record  in  the 
Department,  a  special  mining  claim  staked  out  thereon 
shall  consist  of  the  east  half  or  the  west  half  of  a  loca- 
tion 20  chains  square,  containing  20  acres  or  thereabouts^ 
or  the  northeast  quarter,  the  southeast  quarter,  the  north- 
west quarter,  or  the  southwest  quarter  of  a  location  40 
chains  in  length  by  20  chains  in  width,  containing  20 
acres  or  thereabouts ;  or  the  west  half  or  the  east  half 
of  any  of  the  following  subdivisions  of  a  location  40  chains 
square,  namely,  the  northeast  quarter,  the  northwest 
quarter,  the  southeast  quarter,  or  the  southwest  quarter, 
containing  20  acres  or  thereabouts;  or  of  the  north- 
east quarter  of  the  northeast  quarter,  the  northwest 
quarter  of  the  northeast  quarter,  the  southeast  quarter  of 
the  northeast  quarter,  or  the  southwest  quarter  of  the 
northeast  quarter,  or  any  like  subdivision  of  the  southeast 
quarter,  the  southwest  quarter,  or  the  northwest  quarter 
of  a  location  80  chains  in  length  40  chains  in  width, 
containing  20  acres  more  or  less,  or  where  the  length  of 
such  location  is  east  and  west,  a  special  mining  claim  shall 
consist  of  the  east  half  or  west  half  of  the  northeast  quar- 
ter of  the  east  half,  the  east  half  or  west  half  of  the  south- 
east quarter  of  the  east  half,  the  east  half  or  west  half 
of  the  northwest  quarter  of  the  east  half,  or  the  east  half 
or  west  half  of  the  southwest  quarter  of  the  east  half,  or 
of  a  corresponding  subdivision  of  the  west  half  of  the 
said  location,  containing  20  acres  or  thereabouts. 

129.  All  the  provisions  of  this  Act  applicable  to  mining  Application  of 
claims  shall  be  deemed  to  be  applicable  also  to  special  vTS'to™" 
mining  claims,  except  where  otherwise  expressly  stated, special  claims- 
and  also  where  a  particular  provision  or  part  thereof  is 
manifestly  inapplicable. 

Mining  Claims  on  Lands  under  Timber  License. 

130.  Except  as  is  herein  otherwise  provided,  it  shall  bf  Licensee  may 
lawful  for  the  holder  of  a  miner's  license  to  prospect  for  1Prof;i»l'l't  y 

i  it  i       ■  .     i        i .  lands  under 

minerals  on  any  Crown  lands  under  timber  license,  except  timber  license. 

where 


56 


Chap.  11. 


MINES. 


6  Edw.  VII 


Timber  licen- 
see to  be  noti- 
fied of  applica- 
tion to  record 
claim. 


wliere  such  lands  have  been  withdrawn  from  exploration, 
location  or  sale  by  any  Act  of  the  Legislature  or  Order-in- 
Council,  subject  to  the  following  conditions  : 

(1)  In  the  event  of  the  discovery  of  valuable  mineral  on 
any  Crown  lands  under  license  for  pine  timber,  or  for  pine 
and  other  timber,  the  mining  licensee  may  stake  out  a  min- 
ing claim  thereon  and  apply  to  have  the  said  mining 
claim  recorded  in  the  office  of  the  Mining  Recorder  of 
the  Mining  Division  wherein  the  same  is  situated,  and  it 
shall  be  the  duty  of  the  Mining  Recorder  withiii .  three 
days  of  the  application  for  record  of  the  staking  out  of 
the  mining  claim  thereon,  to  notify  the  Minister  thereof, 
and  the  Minister  shall  thereupon  notify  the  timber  licensee 
thereof. 

Operations  to       (2)  The  provisions  of  this  Act  in  reference  to  mining 
untifiilnfster  °Perations  on  a  mining  claim  so  staked  out  upon  Crown 
decides         lands  included  in  a  timber  license  shall  be  suspended  until 
miiiingmay  be  it  has  been  decided  by  the  Minister  whether  mining  opera- 
?im'ited  °n  °"   tions  or  the  performance  of  working  conditions  shall  be 
permitted  to  be  carried  on  on  such  mining  claim,  and  the 
date  on  which  the  working  conditions  shall  become  opera- 
tive and  obligatory  shall  be  the  date  fixed  by  the  Minister 
on  which  the  same  shall  be  begun,  of  which  date  due  noti- 
fication shall  be  given  to  the  Recorder  and  mining  licensee. 

(3)  It  shall  be  lawful  for  the  Minister  to  permit  mining 
operations  upon  such  mining  claim  to  be  carried  on,  sub- 
ject to  such  restrictions  and  limitations  as  in  his  judgment 
may  be  necessary  to  protect  the  interest  of  the  Crown  and 
other  parties  interested  therein,  and  the  Lieutenant-Gover- 
nor in  Council  may,  from  time  to  time,  and  subject  to  the 
provisions  of  subsection  3  of  section  7  hereof,  make  regula- 
tions regarding  the  carrying  on  of  mining  operations  on 
mining  claims  on  Crown  lands  for  the  time  being  under  tim- 
ber license. 


Minister  may 
permit  opera- 
tions, subject 
to  conditions. 


Regulations  to  (4)  Any  regulations  made  under  authoritv  of  _  this  sec- 
provide  for  tion  shall  provide  for  the  payment  to  the  timber  licensee  of 
the  value  of  any  pine  timber  cut  or  damaged  upon  such  min- 
ing claim,  and  any  dispute  between  the  mining  licensee  and 
the  timber  licensee  in  respect  of  the  quantity  or  value  there- 
of, or  otherwise,  shall  be  disposed  of  by  the  Minister,  whose 
decision  in  regard  thereto  shall  be  final. 


payment  of 
value  of  pine 
timber  cut. 


Staking  out  and  Holding  Mining  Claims. 


wher  li  n  ^-ny  Person'  registered  partnership,  or  mining  corn- 

may  prospect  pany  at  the  time  duly  holding  a  miner's  license,  may, 
for  minerals.    excepf  ag  herein  provided,  and  subject  thereto,  prospect 

for  mines  or  minerals  : 

(a)  on  any  Crown  lands  surveyed  or  unsurveyed ; 


b  Edw.  VI 1 


MINES. 


Chap.  11 


57 


(b)  on  any  lands  the  mines,  minerals  or  mining  rights 
whereof  have  been  reserved  by  the  Crown  in 
the  location,  sale,  patent  or  lease  of  such  lands ; 
provided  that  same  are  not,  for  the  time  being,  staked  out 
and  occupied  as  a  mining  claim,  or  a  special  mining  claim, 
or  are  under  working  permit,  or  are  withdrawn  by  any 
Act  of  the  Legislature  or  Order-in-Council,  from  explora- 
tion, location  or  sale. 

132.  A  licensee  who  discovers  valuable  mineral  in  place  where  licensee 

it         i  -j^ii  ix-  i_        •  J  .1     may  stake  out 

or  a  bed  or  deposit  of  gold-  or  platmum-bearmg  sand,  earth,  claim, 
clay  or  gravel,  or  upon  whose  behalf  valuable  mineral  in 
place  or  bed  or  deposit  of  gold-  or  platinum-bearing  sand, 
earth,  clay  or  gravel  has  been  discovered  by  a  licensee  shall 
have  the  right  to  stake  out  thereon  a  mining  claim,  provid- 
ing that  it  is  on  Crown  lands  not  withdrawn  from  location 
or  exploration,  and  is  not  included  in  a  claim  staked  out  by 
another  licensee,  or  on  lands  the  mines,  minerals  and  min- 
ing rights  whereof  have  been  reserved  by  the  Crown, 
and  he  shall  have  the  right  to  ■  work  the  same  and 
transfer  the  interest  therein  of  a  licensee  to  another 
licensee,  and  in  case  the  surface  rights  have  been  granted, 
leased  or  located  by  the  Crown  the  licensee  must  proceed 
as  provided  in  section  119  of  this  Act.  R.S.O.  1897,  c.  36, 
s.  47. 

Nothing  herein  contained  shall  be  deemed  to  authorize 

•  Persons  not 

any  person  not  a  licensee  to  prospect  or  stake  out  a  mining  licensees, 
claim,  a  special  mining  claim,  or  an  area  of  mining  land 
for  a  working  permit  or  prospecting  permit  on  behalf  of  any 
registered  partnership  or  mining  company. 

133.  A  mining  claim  may  be  staked  ©ut  by  planting  a  Modeofstak. 
discovery  post  of  wood  or  iron  (on  which  is  written  or  placed  ing  out. 
the  name  of  the  licensee  making  the  discovery,  the  number 

of  the  license  and  the  date  of  his  discovery,  and,  if  the  dis- 
covery is  made  on  behalf  of  another  licensee,  then  also  the 
name  of  such  other  licensee  and  the  number  of  his  license), 
upon  an  out-cropping  or  showing  of  ore  or  mineral  in  place 
or  upon  the  surface  over  some  part  of  a  bed  or  deposit  of 
gold-  or  platinum-bearing  sand,  earth,  clay  or  gravel  with- 
in the  boundaries  of  a  claim,  and  by  planting  at  each  of 
the  four  corners  of  the  claim  a  ^ost  of  wood  or  iron  in  the 
order  following,  viz.  :  No.  1  at  the  northeast  corner,  No. 
2  at  the  southeast  corner,  No.  3  at  the  southwest  corner, 
and  No.  4  at  the  northwest  corner,  the  number  in  each  case 
to  be  on  the  side  of  the  post  towards  the  post  which  fol- 
lows it  in  the  order  in  which  they  are  named.  The  like 
particulars  as  are  herein  required  to  be  written  or  placed 
on  the  discovery  post  shall  also  be  written  or  placed  on 
No.  1  post,  and  if  the  claim  is  situate  in  a  township  sur- 
veyed into  lots,  there  shall,  in  addition,  be  plainly  written 

or 


58  Chap.  11. 


MINES. 


6  Edw.  VII 


or  placed  on  No.  1  post  the  subdivision  or  part  of  the  lot 
comprised,  or  intended  to  be  comprised,  in  the  claim. 
See  E.S.O.  1897,  c.  36,  s.  48  (1). 

T. 


Blazed  doe 


Bl&zed  line 


Fig  No  I. 

claim' where  n  iSi.  If  one  or  more  corners  of  a  claim  fall  in  any  situa- 
is  impraetic-    tion  where  the  nature  or  conformation  of  the  ground  ren- 

able  to  mark  all  i  ,1  j<  ±_  j_     •  ±-     i  l  i 

four  corners,  ders  the  planting  of  a  post  or  posts  impracticable,  such 
corner  or  corners  may  be  indicated  by  placing  at  the  near- 
est suitable  point  a  witness  post,  which,  in  that  case,  shall 
contain  the  same  marks  as  those  prescribed  herein  for  corner 
posts,  together  with  the  letters  "W.P.,"  and  an  indication 
of  the  bearing  and  distance  of  the  site  of  the  true  corner 
from  such  witness  post.  See  R.S.O.  1897,  c.  36,  s.  48 
part. 


Blazed  line 


135 


Fig  No2. 


1906. 


MINES. 


Chap.  11 


59 


135.  Where  there  are  standing  trees  upon  a  mining  claim  Blazing  line,? 
so  staked  out  the  licensee  shall  blaze  the  trees,  on  two  Bides  aisooveVpost. 
only,  and  cut  the  underbrush  along  the  boundary  lines  of  «nd  ciearingijsi 

.  .  .  boundaries. 

the  claim,  and  also  blaze  a  line  from  No.  1  post  to  discovery 
post,  and  shall  mark  plainly  on  No.  1  post  the  distance  to 
the  discovery  post,  and  also  the  subdivision  of  the  lot 
covered  by  the  claim  where  the  same  is  in  surveyed  terri- 
tory.   61  Y.  c.  11,  s.  4. 

136.  Where  there  are  no  standing  trees  the  licensee  shall  p'^g'ts  where 
clearly  indicate  the  outlines  of  a  claim,  and  also  a  line  from  impossible  to 
No.  1  post  to  discovery  post  by  planting  durable  pickets  blazeline' 
(not  less  than  five  feet  in  height)  thereon  (at  intervals  of 

not  more  than  two  chains)  or  by  erecting  thereon  (at  in- 
tervals of  not  more  than  two  chains),  monuments  of  earth 
and  rock  not  less  than  two  feet  in  diameter  at  the  base,  and 
at  least  two  feet  high,  so  that  the  lines  may  be  distinctly 
seen. 

137.  Substantial  compliance  as  nearly  as  circumstances  substantial 
will  reasonably  permit  with  the  provisions  of  this  Act  re-  ^n^'reguia- 
garding  the  staking  out  of  mining  claims  shall  satisfy  the  tions- 
requirements  of  this  Act. 

138.  An  irregular  portion  of  land  lying  between  two  or  irregular  por- 
more  claims  may  be  staked  out  with  outlines  coterminous  *io.nsof  1?nd 

,  '-iiii  i  j  between  two  or 

thereto,  provided  that  the  area  thereof  shall  not  exceed  more  claims, 
forty  acres,  or  thereabouts. 

139.  No  more  than  three  claims  may  be  staked  out  and  Licensee  not  to 
recorded  by  or  for  any  licensee  in  any  Mining  Division  ?han  three1016 
during  the  period  covered  by  a  license  year.  Hcenseyear6 

140.  The  application  of  a  licensee  for  a  record  of  the  stak-  fe°™^*^n~ 
ing  out  of  a  mining  claim  shall  not  be  deemed  to  confer  daim  recorded 
any  right  whatsoever  upon  the  licensee  until  such  time  as^,^61"1  cate 
the  staking  out  of  the  said  mining  claim  shall  have  been 
recorded  with  the  Mining  Recorder,  and  a  certificate  of 

such  record  issued  and  delivered  by  the  Mining  Recorder 
to  the  licensee  or  some  person  on  behalf  of  the  licensee. 


WORKING  PERMIT. 

141.  A  licensee  desirinsr  to  obtain  the  exclusive  posses-  obtaining  ex- 
sion  of  an  area  of  mining  land  at  the  time  open  f or  coloration.'  °f 
exploration  and  sale,  whether  Crown  lands  or  lands 
the  mines,  minerals  or  mining  rights  of  which  have  been 
reserved  to  the  Crown  in  the  location,  sale,  lease  or  patent 
thereof,  for  the  purpose  of  prospecting  the  same  with  a 
view  to  discovering  valuable  mineral  thereon,  may  (except 
as  to  land  which  at  the  time  this  Act  comes  into  operation, 

or 


60 


Chap.  11. 


MINES. 


6  Edw.  VII 


or  within  one  month  thereafter,  is  being  prospected  or 
worked,  as  in  the  proviso  hereto  hereinafter  contained)  do  so 
by  proceeding  in  the  following  manner : 

Imuidaries'  ^'  staking  and  marking  out  the  boundaries  thereof 
by  planting  at  each  of  the  four  corners  thereof  a  post  of 
wood  or  iron  in  the  order  following,  viz.  :  No.  1  post  at  the 
northeast  corner,  No.  2  post  at  the  southeast  corner,  No. 
3  post  at  the  southwest  corner,  and  No.  4  post  at  the  north- 
west corner,  the  number  in  each  case  to  be  on  that  side  of 
the  post  towards  the  post  which  follows  it  in  the  order  in 
which  they  are  named. 

-witness  post."  2.  If  one  or  more  corners  of  the  claim  fall  in  any  situa- 
tion where  the  nature  or  conformation  of  the  ground  renders 
the  planting  of  a  post  or  posts  impracticable,  such  corner 
or  corners  may  be  indicated  by  placing  at  the  nearest  suit- 
able point  a  "witness  post,"  which  in  that  case  shall  con- 
tain the  same  marks  as  those  described  herein  for  corner 
posts,  together  with  the  letters  "W.  P."  and  an  indication 
of  the  bearing  and  distance  of  the  site  of  the  true  corner 
from  such  witness  post. 

Marking  posts  3.  At  the  time  of  the  planting  of  the  said  posts  the  licen- 
see, by  whom  the  area  is  so  staked,  shall  plainly  write  or 
place  on  No.  1  post  the  name  of  such  licensee,  and  in  case 
such  staking  out  is  on  behalf  of  some  other  licensee  then 
also  the  name  of  the  licensee  on  whose  behalf  the  staking 
out  is  done,  together  with  the  number  of  the  license  of 
such  licensees,  respectively,  and  the  date  of  the  planting 
of  such  posts. 

Blazing  trees  4.  Where  there  are  standing  trees  upon  the  area  so 
boundary  Sines,  staked  out  the  licensee  shall  blaze  the  trees  (upon  two  sides 

only)  and  cut  the  underbrush  along  the  boundary  lines  of 

the  area. 

planting  pick-     5    "Where  there  are  no  standing  trees  the  licensee  shall 

ets  where  there  °,,  , .        »  tvt  1 

are  no  trees.  mark  the  outlines  of  the  area,  and  also  a  line  trom  l»o.  l 
post  to  No.  2  post,  by  planting  durable  pickets  (not  less 
than  five  feet  in  height)  thereon  (at  intervals  of  not  more 
than  four  chains)  or  by  erecting  thereon  (at  intervals  of 
not  more  than  four  chains)  monuments  of  earth  or  rock  not 
less  than  two  feet  in  diameter  at  the  base  and  at  least  two 
feet  high  so  that  the  line  may  be  distinctly  seen. 

Marking  and  6.  Upon  No.  1  post  there  shall  be  written  the  words 
notching  no.  1  -Working  permit  applied  for,"  and  said  No.  1  post  shall 
be  further  indicated  by  notching  the  same  with  three  rings 
of  notches  not  less  than  a  quarter  of  an  inch  deep  and  not 
less  than  two  inches  apart,  beginning  at  a  distance  of  not 
less  than  two  nor  more  than  three  inches  from  the  top  of  the 
post. 

Trenching  7.  The  situation  of  the  No.  1  post  shall  be  further  indi- 
cated by. trenching  to  a  depth  of  not  less  than  six  inches 

for 


1906. 


MINES. 


Chap.  11 


61 


for  a  distance  of  not  less  than  six  feet  along  the  course  of 
the  boundary  line  between  No.  1  post  and  No.  2  post,  and 
by  trenching  to  a  depth  of  not  less  than  six  inches  for  a  dis- 
tance of  not  less  than  six  feet  along  the  course  of  the  boun- 
dary line  between  No.  1  post  and  No.  4  post. 

8.  If  the  area  is  situated  in  surveyed  territory  the  licen-  where  area  is 
see  shall  also  indicate  on  No.  1  post  the  portion  of  the  town-  territory, 
ship  lot  upon  which  the  area  is  situated  in  accordance  with 

the  provisions  of  section  133  of  this  Act. 

9.  The  area  to  be  included  in  a  working  permit  situated  £™&£feacre_ 
in  a  Mining  Division  shall  not,  except  where  herein  other-  ^£5^ in 
wise  provided,  exceed  40  acres  in  extent,  or,  where  situ-  permit, 
ated  in  a  special  Mining  Division,  20  acres  in  extent. 

10.  By  furnishing  to  the  proper   Mining   Recorder  an  Licensee  to  tile 
application  in  writing  (in  duplicate)  therefor,  accompanied  map  or  pKn' 
by  a  map  or  plan  (in  duplicate)  thereof,  indicating  gener- 
ally and  as  definitely  as  possible  the  location  of  the  said 

area  by  reference  to  some  ascertained  boundary  or  locality. 

11.  By  furnishing  to  the  proper  Mining  Recorder  under  compliance 
oath,  within  fifteen  days  thereafter,  satisfactory  proof  of 

tions  to  be 

the  planting  of  the  said  posts  and  their  distances  from  each  oafhfiedby 
other  in  feet,  together  with  an  application  in  writing, 
which  may  be  according  to  the  form  No.  5  in  the  schedule 
hereto,  accompanied  by  proof,  under  oath,  of  the  name  of 
the  licensee  interested  and  the  number  of  his  license,  the 
name  of  the  licensee  by  whom  the  area  was  staked  out,  and 
the  number  of  his  license,  the  locality  of  the  area  as  indi- 
cated by  some  general  description  or  statement,  and  such 
other  information  as  will  enable  the  Mining  Recorder  to 
lay  down  the  area  on  his  office  maps,  the  time  when  the 
said  posts  were  planted,  and  the  area  staked  out,  and  evi- 
dence, on  oath,  that  the  land  at  the  time  of  its  being  staked 
out  was  not  in  occupation  or  possession  of,  or  being  pros- 
pected for  minerals  by  any  other  licensee,  and  that  the 
deponent  has  no  knowledge  and  had  never  heard  of  any 
adverse  claim  by  reason  of  prior  discovery  or  otherwise. 
The  affidavit  under  this  section  mentioned  may  be  accord- 
ing, to  the  form  No.  6  in  the  appendix  hereto. 

In  case  the  area  is  situated  more  than  ten  miles  in  Additional 
a  straight  line  from  the  office  of  the  Mining  Recorder,  an  '^Jiing. 
additional  day  shall  be  allowed  for  recording  such  staking 
out  for  each  additional  ten  miles  or  fraction  thereof. 

12.  By  procuring  from  such  Mining  Recorder  a  certifi-  certificate  of 
cate  (which  may  be  according  to  the  form  No.  7  in  the beaffixedu)0 
appendix  hereto)  of  the  said  application,  and  nailing  or  No- 1  p**4- 
otherwise  securely  affixing  the  same  to  No.  1  poet  on  the 
said  area  within  three  days  after  the  granting  of  the  said 
certificate,  and  if  the  area  is  more  than  ten  miles  in  a 
straight  line  from  the  office  of  the  Mining  Recorder,  one 

additional 


62 


Chap.  11 


MINES. 


6  Edw.  VII 


Procuring 

working 

permit. 


Proviso  as  to 
work  in 
progress- 


Proviso  as  to 
preference 
among  differ- 
ent licensees. 


additional  day  shall  be  allowed  for  each  additional  ten 
miles  or  fraction  thereof. 

13.  By  procuring  from  the  said  Mining  Recorder,  after 
sixty  days  from  the  staking  out  of  the  area  and  within 
seventy  days  therefrom,  a  working  permit  in  the  form  No. 
8  in  the  appendix  hereto. 

Provided  that  if,  when  this  Act  comes  into  operation, 
or  within  one  month  thereafter,  any  person  (who  is,  or 
within  the  said  period  of  one  month,  becomes,  a  licensee) 
.is  then  at  work  prospecting  and  working  upon  any  such 
lands  in  drilling,  trenching,  digging  or  excavating  the 
same,  no  other  licensee  who  has  not  made  a  discovery  of 
valuable  mineral  thereon,  shall  be  entitled,  during  that 
time,  to  stake  out  any  portion  of  such  lands,  if  in  unsur- 
veyed  territory,  nearer  than  10  chains  to  any  such  drill, 
trench  or  excavation,  or  apply  for  a  working  permit  there- 
of, or  if  in  surveyed  territory,  to  stake  out  an  area  which 
would  include  any  part  of  the  lot  sub-division,  upon  which 
such  person  or  licensee  is  then  engaged  in  drilling,  trench- 
ing, digging  or  excavating. 

Provided  further,  that  if  more  than  one  such  person  or 
licensee  is,  at  the  time  this  Act  comes  into  operation,  at 
work  prospecting  or  working  as  aforesaid,  upon  any  such 
area,  preference  shall  be  given  to  such  one  applying  for  a 
working  permit,  within  said  period  of  thirty  days,  as  first 
began  and  continuously  remained,  at  such  work,  on  the 
said  area. 


rTghh^sVranteCd  "Where  the  surface  rights  of  any  land  have  been 

compensation  patented,  sold,  leased  or  located,  and  the  mines,  minerals 
owner30*  e  l°  or  mining  rights  thereof  have  been  reserved  to  the  Crown, 
no  working  permit  shall  be  issued  unless  and  until  the 
applicant  therefor  has  filed  evidence  to  the  satisfaction  of 
the  Mining  Recorder,  that  he  has  arranged  with  the  owner 
of  the  surface  rights  for  compensation  for  injury  or  dam- 
age thereto,  or  failing  such  arrangement,  that  such  com- 
pensation has  been  ascertained,  and  paid  or  secured,  in  man- 
ner provided  in  section  119  hereof. 

143.  Sections  107  to  140  and  section  161  of  this  Act,  so 
modified  as  may  be  necessary,  shall  be  applicable  as  far  as 
circumstances  will  admit,  to  every  application  for  a  work- 
ing permit.  < 

144.  The  licensee  applicant  for  a  working  permit  shall 
privi-not  be  entitled  to  any  exclusive  or  other  privileges  with 

!  permit,  regard  to  the  area  applied  for  prior  to  the  issuance  to  such 
licensee  of  the  working  permit  referred  to. 


Application  of 
sections. 


Licensee  not 
entitled  to 
exclusive . 
leges  be'ore 


Application  not    145.  The  area  referred  to  in  the  application  for  a  work- 
ing  permit,  and  every  part  thereof,  may  be  prospected  for 
mit  issued.      minerals  and  if  a  discovery  of  valuable  mineral  is  made 

thereon 


1906. 


MINES. 


Chap.  11  63 


thereon,  may  be  staked  out  as  a  mining  claim  by  any 
licensee  at  any  time  until  a  working  permit  has  been 
granted  by  a  Mining  Recorder,  and  the  applicant  for  the 
working  permit  shall  be  entitled  to  exclusive  possession 
thereof  only  after  the  working  permit  shall  have 
been  issued,  and  notice  thereof  in  such  form  as  may  be 
prescribed  shall  have  been  affixed  by  or  on  behalf  of  the 
applicant  therefor  to  No.  1  post  on  said  area. 

116.  It  shall  be  the  duty  of  every  Mining  Recorder  to  N°tf0cn^bpepli- 
post  up  in  his  office  notice  of  all  applications  for  working  posted  up. 
permits  in  the  form  No.  9  in  the  appendix  hereto. 

Working  Conditions  on  Working  Permit 

117.  — (1)  A  licensee  to  whom  a  working  permit  of  an 
area  has  been  granted  shall  perform  thereon  work  which 
shall  consist  of  searching  for  minerals  by  sinking  a  shaft 
or  shafts,  pit  or  pits,  by  digging  trenches,  making  cross- 
cuts, boring  by  diamond  or  other  drills,  or  other  bona  fide 
operations  of  a  like  kind  to  the  extent  of  not  less  than 
eight  hours  per  day  for  five  days  in  each  week  during  the 
six  months  next  following  two  weeks  after  the  issuance  of 
such  working  permit.  Provided  the  licensee  may  at  his 
option  perform  an  equal  amount  of  such  work  in  a  less  ro 
period  of  time 

(2)  The  construction  of  houses,  roads  or  other  like  Houses.t  ™ac<^ 
improvements  shall  not  constitute  work  within  the  mean-  stnute "  work." 
ing  of  this  section. 

118.  The  provisions  of  this  Act  relating  to  the  forfei-  Forfeiture  lor 
ture  of  a  mining  claim  for  default  in  performance  of  work 
thereon,  shall  as  nearly  as  possible,  according  to  the  cir- 
cumstances of  the  case,  be  applicable  to  the  area  defined 

in  a  working  permit. 

119.  In  the  event  of  any  dispute  arising  as  to  whether  a  Disputes  as  to 
licensee  holder  of  a  working  permit,  has  in  fact  complied  w^workfng 
with  the  provisions  of  this  Act  necessary  to  entitle  such  conditions, 
licensee  to  exclusive  possession  of  said  area,  the  Mining 
Recorder  may  notify  the  licensee  holder  of  said  working 

permit  of  such  dispute,  and  fix  a  time  which  will  admit  of 
seven  clear  days'  notice  to  such  licensee  of  the  hearing  of 
said  dispute  proved  to  the  satisfaction  of  the  Mining 
Recorder,  and  shall  then  summarily  decide  said  dispute 
at  his  office  or  such  other  place  as  he  may  fix  for  that  pur- 
pose, and  the  decision  of  said  dispute  by  a  Mining  Recorder 
shall  be  final  and  not  subject  to  any  appeal,  and  if  the 
decision  of  the  Mining  Recorder  is  to  the  effect  that  the 
working  permit  has  lapsed  or  become  forfeited  for  failure 
to  comply  with  any  of  the  provisions  of  this  Act,  the  said 
area  shall  forthwith  thereupon  become  open  for  applica- 
tion 


04 


Chap.  11. 


MINES. 


6  Edw.  VII 


tion  by  any  licensee  for  a  working  permit,  or  for  staking 
out  as  a  Mining  claim,  as  the  case  may  be,  in  the  same  way 
as  if  no  application  therefor  had  previously  been  made  or 
working  permit  thereof  previously  issued. 

fr°Viisoifr  Provided  that  service  of  notice  upon  the  licensee  holder 
notice  upon  of  the  working  permit  may  be  effectually  made  by  serving 
rngdpermiTork'  same  upon  him  personally  wherever  he  may  be,  or  if  he  is 
not  upon  or  in  the  neighborhood  of  the  area  defined  in  the 
working  permit,  then  by  serving  the  same  upon  any  grown- 
up person  in  the  employ  of  such  licensee  upon  or  in  the 
neighborhood  of  said  area,  or  if  there  is  no  such  person 
then  by  affixing  the  notice  to  No.  1  post  on  said  area.  The 
notice  herein  referred  to  may  be  in  the  form  (No.  10)  in  the 
schedule  hereto. 

Rights  of  hold-  150.  Subject  to  the  performance  by  the  licensee  holder 
permit  on  com-  of  a  working  permit  of  all  the  provisions  of  this  Act  relat- 
conditionsh  to  a  working  permit,  the  said  licensee  shall  be  entitled 

for  the  period  of  six  months  next  after  the  date  of  the  issu- 
ance of  such  working  permit,  less  the  interval  of  time  elaps- 
ing between  such  issuance  and  the  posting  of  notice  thereof 
on  No.  1  post  of  such  area,  and  the  renewal  thereof  (if 
any),  to  exclusive  possession  of  the  area  defined  in  said 
working  permit,  and  said  area  shall  not  during  that  time 
be  open  to  be  staked  out  by  any  other  licensee  for  any  pur- 
pose whatever. 

Assignment  of  151.  The  licensee  holder  of  a  working  permit  may,  sub- 
working  per-  jecj.  the  consent  of  the  Mining  Recorder  endorsed  there- 
on, transfer  by  assignment  in  the  form  (No.  11)  in  the 
appendix  hereto,  all  his  rights  in  the  said  area  and  work- 
ing permit,  and  upon  said  transfer  being  recorded  in  the 
office  of  the  Mining  Recorder  aforesaid,  the  licensee  to 
whom  the  same  is  transferred  shall  thereupon  be  entitled 
to  the  unexpired  term  of  the  working  permit  together  with 
any  right  of  renewal  thereof  hereby  authorized. 

Renewal  152.  It  shall  be  lawful  for  a  Mining  Recorder  to  grant 

to  a  licensee  holder  for  the  time  being  of  a  working  per- 
mit, one  renewal  thereof  for  a  period  of  six  months  subject 
to  the  performance  of  work  of  the  like  nature  as  is  here- 
inbefore specified.  Such  renewal  may  be  according  to  form 
No.  12  in  the  appendix  hereto. 

berno\0w"Uk"n  ^°  ^censee  RhaU  ^e  entitled  to  apply  for  or  hold 

permHsTfTbe"8  more  than  three  working  permits  for  any  one  Mining  Divi- 
yo'.'.r m  any     sion  in  any  year  between  the  first  day  of  April  and  the 
thirty-first  day  of  March  next  thereafter. 

tjiMwithfn        1M-  In  computing  the  time  in  which  work  is  required 
which  work  to  to  be  performed  by  this  Act  upon  the  area  included  in  a 
working  permit,  the  period  of  time  extending  from  the 

fifteenth 


1906. 


MINES. 


Chap.  11  65 


fifteenth  day  of  November  in  one  year  to  the  fifteenth  day 
of  April  in  the  succeeding  year,  shall  be  deemed  to  be 
excluded,  as  shall  also  the  time  or  times  so  stated  by  any 
Order-in-Council  or  regulations  made  under  or  by  authority 
of  this  Act,  but  no  application  for  a  working  permit  shall 
be  receivable  by  any  Mining  Recorder  during  the  said  period 
or  periods. 

Water  Powers  on  Mining  Claims. 


155.  A  valuable  water  power  lying  within  the  limits  of  p0awersnat  in" 
a  claim  shall  not  be  deemed  to  be  part  of  the  claim  for  the  eluded  in 
uses  of  the  licensee.    A  road  allowance  of  one  chain  in  am' 
width  shall  be  reserved  on  both  sides  of  the  water  together 

with  such  additional  area  of  land  as  in  the  opinion  of  the 
Mining  Recorder  of  the  Division  in  which  same  is  situated 
may  be  necessary  for  the  development  and  utilization  of 
such  water  power.  A  water  power  under  this  section 
referred  to  shall  be  deemed  to  be  a  valuable  water  power, 
if  the  same  at  low  water  mark,  in  its  natural  condition,  is 
capable  of  producing  150  horse  power  or  upwards.  R.S.O. 
1897,  c.  36,  s.  50  (3). 

Recording  Mining  Claims. 

156.  Every  licensee  who  has  staked  out  a  mining  claim,  Filing-p]an  and 
or  upon  whose  behalf  a  mining  claim  has  been  staked  out,  application  for 
shall,  within  fifteen  days  thereof,  except  as  by  the  next 0  aim' 
section  provided,  furnish  under  oath  to  the  Mining  Re- 
corder of  the  Division  wherein  same  is  situated  an  outline 

sketch  or  plan  thereof  showing  the  discovery  post  and  cor- 
ner posts,  and  the  witness  posts  (if  any)  and  their  distance 
from  each  other  in  feet,  together  with  an  application  there- 
for in  writing  setting  forth,  under  oath,  the  name  of  the 
licensee  interested  and  the  number  of  his  license,  the  name 
(if  any)  of  the  claim,  and  its  locality  as  indicated  by  some 
genera]  description  or  statement,  and  such  other  informa- 
tion as  will  enable  the  Mining  Recorder  to  lay  down  the 
claim  on  his  office  maps,  or,  if  in  a  surveyed  township,  shall 
indicate  the  portion  of  the  lot  of  which  it  forms  a  part,  the 
length  of  the  outlines,  if  for  any  reason  they  are  not  regu- 
lar, and  the  nature  of  such  reason,  the  situation  of  the  dis- 
covery post  as  indicated  by  distance  and  direction  from  No. 
1  post,  the  time  when  discovery  of  valuable  mineral  in  place 
or  a  bed  or  deposit  of  gold  or  platinum-bearing  sand,  earth, 
clay  or  gravel  was  made  and  when  the  claim  was  staked 
out,  and  the  date  of  the  said  application.  The  application 
in  this  section  referred  to  may  be  according  to  form  No.  13 
in  the  appendix  hereto,  and  the  fee  payable  on  filing  the 
same  with  the  Mining  Recorder  shall  be  as  provided  in  the 
schedule  hereto. 

Provided  that  if  a  licensee  claims  to  be  entitled  to  a  free  Proviso, 
grant  of  a  mining  claim  or  special  mining  claim  under  sec- 
5  s.  tion 


66  Chap.  11. 


MINES. 


6  Edw.  VII 


tion  170,  lie  shall,  in  addition  to  the  application  to  record 
the  staking  out  thereof,  make  application  for  said  free 
grant,  which  may  be  according  to  form  No.  15  in  the 
appendix  hereto.  R.S.O.  1897,  c.  36,  s.  51  (1),  'part. 


Affidavit  shew- 
ing discovery 
of  valuable 
mineral. 


Proviso. 


157.  The  licensee  in  the  preceding  section  named  shall 
accompany  the  said  sketch  or  plan  and  notes  with  the  affi- 
davit of  the  discovering  licensee,  showing  the  discovery  of 
valuable  mineral  (which  shall  be  specified),  bed  or  deposit 
of  gold  or  platinum-bearing  sand,  earth,  clay  or  gravel  upon 
the  claim  by  such  licensee  on  his  own  behalf  or  on  behalf 
of  another  licensee,  and  that  the  deponent  has  no  know- 
ledge, and  has  never  heard  of  any  adverse  claim  by  reason 
of  prior  discovery  or  otherwise.  The  affidavit  shall  also 
state  the  locality  of  the  claim  as  indicated  by  some  general 
description  or  statement,  and  may  be  according  to  the  form 
No.  14  in  the  appendix  hereto. 

Provided  that  an  applicant  for  a  free  grant  of  a  mining 
claim  or  special  mining  claim  under  section  170  shall  file 
an  affidavit  proving  his  right  thereto,  which  affidavit  may 
be  according  to  form  No.  16  in  the  appendix  hereto. 


tlme1forIrecord-  .  158.  In  case  the  claim  is  situated  more  than  ten  miles  in 
ingdaim.g—  a  straight  line  from  the  office  of  the  Mining  Recorder,  an 

additional  one  day  shall  be  allowed  for  recording  for  each 

additional  ten  miles  or  fraction  thereof. 

Recorder noTio  159.  There  shall  not  be  entered  on  the  record  or  be  receiv- 
ciaimd  any  abla  kv  any  Mining  Recorder  any  notice  of  any  trust, 
"in  trust."  express,  implied  or  constructive,  relating  to  any  un- 
patented mining  claim,  or  special  mining  claim,  or 
to  any  working  permit  or  prospecting  permit,  or 
the  areas  therein  described.  Describing  a  licensee, 
owner  or  holder  of  a  mining  claim  for  the  time  being,  as  a 
trustee,  whether  the  beneficiary  or  object  of  the  trust  is  men- 
tioned or  not,  shall  not  impose  upon  any  person  dealing 
with  such  owner  or  holder,  the  duty  of  making  any  enquiry 
as  to  the  power  of  the  owner  or  holder  thereof  for  the  timo 
being,  but  such  owner  or  holder  may  deal  with  the  claim 
or  working  permit  as  if  such  description  had  not  been 
inserted. 


Proviso.  Provided  that  nothing  herein  contained  shall  relieve  the 

recorded  holder  or  owner  thereof  who  is  in  fact  a  trustee 
thereof  or  of  any  part  or  share  thereof  or  therein,  from 
liability  at  law  as  between  himself  or  herself  as  the  case 
may  be,  and  any  person,  partnership  or  corporation  for 
whom  he  or  she  is  a  trustee,  but  such  liability  as  between 
said  parties  shall  continue  in  the  same  wav  and  to  the 
same  extent  as  if  this  section  had  not  been  enacted. 
R.S.O.  1897,  c.  138,  s.  103. 

Working 


1906. 


MINES. 


Chap.  11  67 


Working  Conditions  on  Mining  Claim. 

160.  — (1)  A  licensee  who  has  staked  out  a  mining  claim  working 
under  the  provisions  of  this  Act  shall,  during  the  three  during°firat 
months  immediately  following  the  recording  of  the  samethreemonths- 
in  the  office  of   the  Mining   Recorder,  perform  thereon 

work,  which  shall  consist  of  stripping  or  in  opening  up 
mines,  in  sinking  shafts  or  other  actual  mining  operations, 
to  the  extent  of  not  less  than  eight  hours  per  day  for  thirty 
days. 

(2)  The  construction  of  houses,  roads  or  other  like  im-  ^"not™**18' 
provements  shall  not  constitute  "actual  mining  operations"  constitute 
within  the  meaning  of  this  section. 

(3)  A  licensee  who  has  staked  out  a  mining  claim  under  JJ^^fof  first5 
the  provisions  of  this  Act  shall,  during  each  of  the  three  ami  second 
years  following  the  expiration  of  three  months  from  the'lMrs' 
record  by  or  on  behalf  of  such  licensee  of  the  staking  there- 
of, perform  thereon  work,  as  in  the  first  subsection  hereof 
provided,  as  follows  : 

(a)  During  each  of  the  first  and  second  of  such  three 

years  to  the  extent  of  not  less  than  eight  hours 
per  day  for  sixty  days. 

(b)  During  the  third  of  such  three  years'  work  thereon  Third  year. 

to  the  extent  of  not  less  than  eight  hours  per 
day  for  ninety  days. 

(4)  The  work  herein  required  to  be  performed  upon   a  work  maybe 
mining  claim  may  be  performed  by  the  original  licensee  or  naTiicTnseior 
any  other  licensee  who  has  derived  title  from  or  through  aSiisn- 
such  original  or  any  subsequent  licensee.      Provided  that 

the  work  herein  required  to  be  performed  on  a  mining 
claim  may  be  completed,  at  the  option  of  the  licensee  there- 
of, in  a  less  period  of  time  than  herein  specified.  Provided  Proviso, 
also  that  if  more  work  is  performed  by  or  on  behalf  of  a 
licensee  on  a  mining  claim  than  is  herein  required  during 
the  first  three  months  or  any  subsequent  year,  such  excess 
of  work  upon  due  proof  of  the  same  having  been  performed  proviso. 
shall  be  credited  by  the  Mining  Recorder  as  against  the 
work  required  to  be  performed  during  the  next  or  anv  sub- 
sequent year.  R.S.O.  1897,  c.  36,  s.  34  (1);  62  V.  (2), 
o.  10,  s.  7. 

161.  A  licensee  of  a  mining  claim  shall  make  a  report  in  Licensee  to 
writing  verified  by  oath  to  the  Mining  Recorder  of  the  Min-  ^"work  on' 
ing  Division  in  which  such  claim  is  situated  of  the  per-  oath, 
formance  of  the  mining  operations  herein  required  to  be 
performed  which  report  may  be  according  to  form  No.  17 

in  the  appendix  hereto,  and  such  report  shall  be  completed 
and  delivered  as  aforesaid  within  ten  days  after  the  time 
within  which  such  mining  operations  are  required  to  be 
performed.     62  Yic.  (2),  c.  10,  s.  7. 

162- 


68  Chap.  11. 


MINES. 


6  Edw.  VII 


Form  of 
affidavit  verify 
ing  report. 


162. — (1)  The  affidavit  verifying  the  report  of  a  licensee 
holder,  for  the  time  being,  of  a  mining  claim  above  referred 
to  may  be  in  the  form  No.  18  in  the  appendix  hereto.  62 
Vic!  (2),  c.  10,  s.  7. 

(2)  The  Mining  Recorder  if  satisfied  that  the  working 
conditions  required  to  be  performed  have  been  duly  per- 
formed may  give  a  certificate  according  to  form  No.  32  in 
the  appendix  hereto. 


If  two  or  three 
claims  conti- 
guous, work 
may  be  done 
upon  one. 


Proviso. 


163.  If  two  or  three  mining  claims  held  by  the  same 
licensee  are  contiguous,  the  whole  of  the  work  herein 
required,  applicable  to  the  said  two  or  three  mining  claims, 
may  be  performed  by  the  licensee  upon  one  of  them,  if  the 
licensee  has  notified  the  Mining  Recorder  of  the  Mining 
Division  within  which  such  mining  claims  are  situated  of 
his  intention  to  perform  all  the  said  work  in  the  year  or 
years  specified,  upon  the  one  of  the  said  mining  claims  so 
specified,  which  said  notice  may  be  in  the  form  (No.  19) 
in  the  appendix  hereto.  Provided  that  in  computing  the 
amount  of  work  performed,  as  herein  required,  upon  any 
number  of  mining  claims,  not  more  than  three  contiguous 
to  each  other,  the  licensee  shall  be  deemed  to  have  complied 
with  the  provisions  of  this  section  if  the  total  work  per- 
formed by  him  upon  the  said  group  of  mining  claims 
amounts  altogether  to  not  less  than  the  total  amount  of 
work  which  but  for  this  proviso  would  have  been  required 
to  be  performed  upon  each  of  the  said  mining  claims. 
R.S.O.  1897,  c.  36,  s.  32  (2). 


fsu^November  """n  comPuting  the  time  within  which  work  or  min- 

and  i5th  April  ing  operations  are  required  to  be  performed  by  this  Act 
to  be  exempt.  ^  perj0j  0f  t\me  extending  from  the  15th  November  in 
one  year  to  the  15th  April  in  the  succeeding  year  shall  be 
deemed  to  be  excluded  as  shall  also  the  time  or  times  so 
stated  by  any  Order-in-Council  or  regulations  made  under 
the  authority  of  this  Act.  R.S.O.  1897,  c.  36,  s.  52  (3), 
53. 

Abandonment. 


Licensee  may 
abandon 
mining  claim 
or  permit. 


165.  A  licensee  may,  at  any  time,  abandon  a  mining 
claim,  working  permit,  or  prospecting  permit,  by  giving 
notice  in  writing  to  the  Mining  Recorder  in  the  Mining 
Division  in  which  such  claim  or  area  is  situated  of  his  inten- 
tion so  to  do,  which  notice  may  be  according  to  the  form 
(No.  20)  in  the  appendix  hereto.  Such  notice  shall  be  imme- 
diately recorded  in  a  book  in  the  Mining  Recorder's  office, 
and  from  the  date  of  the  record  of  such  notice  all  interests 
of  the  licensee  in  such  claim,  working  permit,  or  prospect- 
ing permit,  as  the  case  may  be,  shall  cease  and  determine, 
and  the  same  shall  thereafter  be  the  property  of  the  Crown, 
free  from  all  claims  of  every  nature  and  kind.  61  V.,  c.  11, 
8.  8,  port;  62  V.  (2),  c.  10,  s.  13,  part. 

166- 


1906. 


MINES. 


CliaB.  11  69 


166.  Non-compliance  by  or  on  behalf  of  the  licensee  of  ai™o  wlt^Act 
any  provision  of  this  Act  relating  to  the  staking  out  and  °[.d.^|ction  of 
recording  of  a  mining  claim,  working  permit  or  prospecting  Recorder  to  be 

■a     •      l    J"  Ul      •  ilf        •  1  •  ii  deemed  aban- 

permit,  including  the  blazing  or   otherwise  marking  alldonment. 
lines  by  the  Act  required,  or  of  a  direction  of  the  Mining 
Recorder  in  regard  thereto  within  the  time  limited  by  the 
Mining  Recorder  therefor,  shall  be  deemed  to  be  an  aban- 
donment.   See  R.S.O.  1897,  c.  36,  s.  51  (1),  (2). 

Forfeiture. 

167.  — CI)  In  default  of  compliance  with  the  working  con-  Forfeitureon 
ditions  herein  required  during  the  first  three  months  or  ^rfonnwork 
during  any  subsequent  year  of  the  said  period  of  three 

years,  and  of  the  delivery  of  the  report  in  section  161 
referred  to,  within  the  time  thereby  limited,  all  rights 
of  the  licensee  connected  with  any  such  mining  claim 
shall,  unless  otherwise  ordered  by  the  Mining  Commis- 
sioner, after  appeal  to  him  as  herein  provided,  revert  to  and 
be  vested  in  His  Majesty,  his  successors  and  assigns  for 
the  rmblic  uses  of  the  Province,  freed  and  discharged  of 
any  interest  or  claim  of  the  licensee  and  of  every  other  per- 
son whatsoever,  and  the  Mining  Recorder  shall  make  an 
entrv  to  that  effect  on  the  page  of  the  Record  Book  showing 
the  claim.     60  V.  c.  8,  s.  9. 

(2)  The  decision  of  the  Mining  Commissioner  in  this  sec-  Decision  of 
Hon  referred  to  shall  be  final. 

final. 

168.  All  the  interest  of  a  licensee  in  a  mining  claim,  caus>s  of 
before  the  patent  thereof  has  issued,  shall  cease  and  be^[*j*tur<;0jf 
deemed  to  be  forfeited,  and  the  mining  claim  in  such  case 

shall  revert  to  the  Crown  free  from  all  claims  of  every 
nature  and  kind  thereto: 

(a)  If  the  license  of  the  licensee  has  expired,  and  not 

been  duly  renewed  as  herein  provided. 

(b)  If,  without  the  consent  in  writing  of  the  Mining 

Recorder  or  Mining  Commissioner,  any  licensee, 
or  any  person  on  behalf  of  the  licensee,  removes 
a  stake  or  post  by  the  Act  required  to  be  placed 
on  a  mining  claim,  for  the  purpose  of  changing 
boundaries,  or  otherwise,  after  the  plan  thereof 
and  notice  in  regard  thereto  have  been  filed  with 
the  Mining  Recorder. 

(c)  If  the  working  conditions  herein  required  to  be  per- 

formed are  not  duly  performed. 

(d )  If  the  report  required  by  section  161  to  be  made 

by  a  licensee  of  the  performance  of  mining 
operations  is  not  made  and  deposited  with  the 
Mining  Recorder  as  therein  required.  R.S.O. 
1897,  c.  36,  s.  45. 

(e) 


70  Chap.  11. 


MINES. 


6  Edw.  VII 


(e)  If  an  application  for  patent  required  by  section 

169  to  be  made  by  a  licensee  for  a  mining  claim 
be  not  made  within  the  time  required  by  this 
Act. 

(f)  If  the  purchase  price  required  by  section  176  to 

be  paid  by  the  licensee  for  a  patent  for  a  min- 
ing claim  is  not  paid  as  and  when  by  the  Act 
required.    See  63  V.,  c.  13,  s.  16.  Amended. 

Application  for  Patent  op  Mining  Claim. 

how  licensee  169.  Upon  compliance  by  or  on  behalf  of  the  licensee  of 
^tenuoiiaim.  the  requirements  of  this  Act  and  including  the  perfor- 
mance of  the  work  hereby  required,  and  upon  payment  by 
or  on  behalf  of  the  licensee  holder  for  the  time  being  of 
any  mining  claim  of  the  purchase  price  of  the  mining 
claim  as  provided  in  section  174  hereof  the  said  licensee 
holder  shall  be  entitled  to  a  patent  of  such  mining  claim. 
A  licensee  entitled  to  a  patent  of  a  mining  claim  shall 
apply  therefor  within  a  period  of  three  months,  after  the 
expiry  of  three  years  and  three  months  from  the  date  of 
recording  the  claim  in  the  office  of  the  Mining  Recorder, 
and  failure  to  apply  therefor  and  pay  the  purchase  price 
thereof  within  such  period  of  three  months  shall  be  deemed 
to  be  a  forfeiture  of  all  the  interests  of  such  licensee  in 
such  mining  claim,  and  such  mining  claim  in  such  case 
shall  revert  to  and  be  vested  in  His  Majesty,  his  successors 
and  assigns,  for  the  public  uses  of  the  Province,  freed  and 
discharged  of  any  interest  or  claim  of  any  other  person  or 
persons  whomsoever.  The  application  for  a  patent  shall  be 
made  to  the  Mining  Recorder  of  the  Mining  Division 
within  which  such  mining  claim  is  situated,  and  may  be 
according  to  form  No.  21  in  the  appendix  hereto. 

Free  grant  to  170.  A  licensee  who  is  the  first  discoverer  of  valuable 
first  dlscoverer' metal,  ore,  or  mineral  at  a  point  which  is  not  less  than  five 
miles  from  the  nearest  known  mine,  vein,  lode  or  deposit 
of  the  same  kind  of  metal,  ore  or  mineral,  and  who  com- 
plies with  all  the  other  provisions  of  this  Act  shall  upon 
satisfactory  proof  of  such  facts  be  entitled  to  a  patent 
thereof  without  payment  of  the  purchase  price,  which, 
but  for  the  provisions  of  this  section  would  have  been  pay- 
able therefor.  R.S.O.  1897,  c.  36,  s.  32;  62  V.  (2),  c.  10, 
s.  6. 

of areaetobet-  ^n  a^  Pa^ents  for  mining  claims  within  the  Dip- 

reserved  for  tricts  of  Algoma,  Thunder  Bay  and  Rainy  River,  and  that 
part  of  the  District  of  Nipissing  which  lies  north  of  the 
French  River,  Lake  Nipissing  and  the  River  Mattawan 
there  shall  be  a  reservation  for  roads  of  five  per  centum 
of  the  quantity  of  land  proposed  to  be  granted  and  the 
Crown  or  its  officers  shall  have  the  right  to  lay  out  roads 
where,  and  as  deemed  necessary.  R.S.O.  1897,  c.  36, 
s.  26,  bs.  4. 

172- 


1906. 


MINES. 


Chap.  11  71 


172.  Every  patent  of  Crown  lands  or  mining  rights  by  Patent  to; be 
which,  it  is  intended  to  vest  in  the  grantee  or  patentee  the  Lance  ofPAct. 
mines  and  minerals  therein  or  any  part  thereof  or  any 

rights  in  connection  therewith,  shall  be  stated  to  be  made 
in  pursuance  of  this  Act. 

173.  Every  patent  of  Crown  lands  which  purports  to  be  yey^nground 
made  in  pursuance  of   this  Act  shall,  unless   otherwise  title, 
expressly  stated,  vest  in  the  grantee  all  the  Crown  title  in 

such  lands  and  all  mines  and  minerals  therein. 

Pric6  of 

174.  — (1)  The  price  per  acre  of  all  Crown  lands  to  be  mining  iands. 
sold  as  mining  lands  shall  be  : 

(a)  If  in  surveyed  territory...  $3  00 

(b)  If  in  unsurveyed  territory    2  50 

The  price  per  acre  for  a  patent  of  mining  rights  shall  be  Mining  rights, 
one-half  the  above  rates.    It.  S.  0.,  1897,  c.  36,  s.  31. 

(2)  No  lands  shall  be  sold  or  patented  for  mining  pur- No  laildst0  be 
poses  in  anv  Forest  Reserve.    5  Edw.  VII.,  c.  9,  s.  1.         sold  orpatent- 

r  ed  in  Forest 

Reserves. 

Reservation  of  Timber. 


175. — (1)  The  patents  for  all  Crown  lands  sold  or  granted  ^^If9 
as  mining  lands  shall  contain  a  reservation  of  all  pine  trees 
standing  or  being  on  the  lands,  which  pine  trees  shall  con- 
tinue to  be  the  property  of  His  Majesty,  and  any  person 
holding  a  license  to  cut  timber  or  saw  logs  on  such  lands 
may,  at  all  times  during  the  continuance  of  the  license, 
enter  upon  the  lands  and  cut  and  remove  such  trees,  and 
make  all  necessary  roads  for  that  purpose.  R.S.O.  1897, 
c.  36,  s.  39  (1). 

(2)  The  patentees,  or  those  claiming  under  them  (except  Patentees  may 
patentees  of  mining  rights)  may  cut  and  use  such  trees  as  bunding" for 
may  be  necessary  for  the  purpose  of  building,  fencing  and 
fuel  on  the  land  so  patented,  or  for  any  other  purpose  essen- 
tial to  the  working  of  the  mines  thereon,  and  may  also  cut 
and  dispose  of  all  trees  required  to  be  removed  in  actually 
clearing  such  part  of  the  land  as  may  be  necessary  to  be 
used  for  mining  purposes,  but  subject,  as  regards  pine  trees, 
to  paying  the  value  thereof,  including  timber  dues,  to  the 
Crown  or  any  licensee  or  other  person  licensed  or  authorized 
to  cut  such  pine  trees,  as  the  case  may  be.  If  any  dispute 
arises  between  the  patentee  or  those  claiming  under  him  and 
the  timber  licensee  with  regard  to  the  quantity  or  value  of 
the  pine  timber  so  cut  or  disposed  of,  or  otherwise  regarding 
such  timber,  the  same  may  be  referred  to  the  Minister, 
whose  decision  shall  be  final.     Ibid  (2).  Amended. 

Survey 


72  Chap.  11. 


MINES. 


6  Edw.  VII 


Survey  of  Mining  Claims. 

inluMur°veyed  176.  A  mining  claim  in  unsurveyed  territory  in  order  to 
surveyed  b°ybe  De  patented  shall  require  to  be  surveyed  by  an  Ontario 
ox.s".  Land  Surveyor  at  the  cost  of  the  licensee  applicant  there- 

for, who  shall  furnish  at  the  time  of  the  application  for 
a  patent  the  surveyor's  plan,  in  triplicate,  field-notes  and 
description  of  the  location  showing  a  survey  in  conformity 
with  this  Act  and  to  the  satisfaction  of  the  Minister. 
R.S.O.  1897,  c.  36,  s.  27. 

Saim  to  beey  °f  177.  The  boundary lines  of  a  mining  claim  in  unsur- 
made.  veyed  territory  shall  follow  the  courses  of  the  lines  of  the 

claim  as  originally  staked  out  on  the  ground,  or  as  the  lines 
may  have  subsequently  been  altered,  changed  or  corrected 
by  the  Mining  Recorder  of  the  Mining  Division  in  which 
such  mining  claim  is  situated,  and  whenever  an  Ontario 
Land  Surveyor  is  employed  to  run  the  boundaries  of  any 
such  claim  he  shall  do  so  by  running  a  straight  line  between 
Post  No.  1  at  the  northeast  angle  of  the  claim  and  Post  No. 
2  at  the  southeast  angle  thereof,  and  a  straight  line  between 
said  Post  No.  2  and  Post  No.  3  at  the  southwest  angle  there- 
of, and  a  straight  line  between  said  Post  No.  3  and  Post  No. 
4  at  the  northwest  angle  thereof,  and  a  straight  line  be- 
ween  said  Post  No.  4  and  Post  No.  1  at  the  northeast  ajigle 
thereof,  and  shall  mark  out  said  lines  on  the  ground  by 
blazing  the  adjacent  trees  distinctly  on  three  sides,  i.e., 
one  blaze  on  each  side  in  the  direction  of  the  line  and  one 
on  that  side  by  which  it  passes,  and  shall  give  to  each 
mining  claim,  so  surveyed,  a  designating  number  or  let- 
ter, which  designating  number  or  letter  he  shall  mark 
on  the  posts  at  each  of  the  four  angles  of  the  claim  and  shall 
connect  such  survey  with  some  known  point  in  a  previous 
survey  or  with  some  other  known  point  or  boundary  so  that 
the  claim  may  be  laid  down  on  the  office  maps  of  the  terri- 
tory in  the  Department. 

Minister  may  178.  If,  in  the  case  of  application  for  a  patent  of  a  min- 
ofc"atmSiinVey  ing  claim  in  surveyed  territory,  the  Minister  should  be  of 
wrdtory1  opinion  that  a  survey  of  such  mining  claim  is  necessary, 
the  Minister  may  so  direct  and  a  survey  thereof,  shall  be 
made  in  compliance  with  such  direction,  at  the  expense 
of  the  applicant,  and  shall,  unless  otherwise  ordered,  com- 
ply with  the  same  requirements  as  if  in  unsurveyed  terri- 
tory. 


may  reduce. 


ifareaof  179.  If,  as  the  result  of  anv  survev  required  or  author- 

claim  excels-      -      ii        1  •      a    j      1  »'  ••'        1    •  •  1 

sive,  Minister  ized  by  this  Act,  the  area  of  a  mining  claim  or  a  special 
mining  claim  exceeds  the  acreage  by  this  Act  specified  in 
reference  thereto,  it  shall  be  lawful  for  the  Minister  to 
grant  a  patent  for  such  portion  of  such  mining  claim  as 
shall  not  exceed  the  acreage  of  such  specified  area.  (New.) 

180 


1906. 


MINES. 


Chap.  11  73 


180.  Wherever  practicable  any  reduction  in  the  area  of  a  How  reduction 
mining  claim,  which,  according  to  the  survey  thereof,  ex-  " 
ceeds,  in  the  case  of  a  mining  claim,  40  acres,  or  in  the 
case  of  a  special  mining  claim,  20  acres  shall  be 
made  by  restricting  the  same  as  follows  :  In  case  of  a 
mining  claim  by  commencing  at  No.  1  post  and  proceeding 
along  the  line  between  the  said  post,  and  No.  2  post  a  dis- 
tance of  20  chains,  or  to  No.  2  post  where  the  said  distance 
does  not  exceed  20  chains,  thence  westerly  and  parallel  to 
the  line  between  So.  2  post  and  No.  3  post  a  distance  of  20 
chains,  or  to  a  point  on  the  line  between  No.  3  post  and  No. 
4  post  where  the  said  distance  does  not  exceed  20  chains, 
thence  northerly  on  a  line  parallel  to  the  line  between  No. 
3  post  and  No.  4  post  a  distance  of  20  chains,  or  to  a  point 
on  the  line  between  No.  4  post  and  No.  1  post  where  the 
said  distance  does  not  exceed  20  chains ;  thence  in  a  straight 
line  to  No.  1  post ;  and  in  the  case  of  a  special  mining  claim, 
by  commencing  at  No.  1  post  and  proceeding  along  the  line 
between  No.  1  post  and  No.  2  post  a  distance  of  20  chains, 
to  No.  2  post  where  the  said  distance  does  not  exceed  20 
chains,  thence  westerly  parallel  to  the  line  between  No.  2 
post  and  No.  3  post  a  distance  of  10  chains  or  to  a  point  on 
the  line  between  No.  3  post  and  No.  4  post  where  the  said 
distance  does  not  exceed  10  chains,  thence  northerly  parallel 
to  the  line  between  No.  3  post  and  No.  4  post  a  distance  of 
20  chains,  or  to  a  point  on  the  line  between  No.  4  post  and 
No.  1  post  where  the  distance  does  not  exceed  20  chains, 
thence  in  a  straight  line  to  No.  1  post. 


Prospecting  Permits. 

181. — (1)  Any  licensee  desirous  of  acquiring  a  permit  to  permitCfor'g 
prospect  for  petroleum,  natural  gas,  coal  or  salt,  upon  any^t™^""^'. 
Crown  lands  not  withdrawn  from  exploration  or  sale  or  c'oa"andgsait. 
upon  any  lands,  the  mines,  minerals  or  mining  rights  of 
which  have  been  reserved  to  the  Crown  in  the  patent,  sale, 
lease,  or  location,  shall  before  going  into  occupation  of 
such  lands,  stake  out  the  same  bv  planting  a  post  at  each 
corner  thereof,  and  writing  or  marking  on  No.  1  post,  at  the 
northeast  corner  of  the  said  area,  the  words  "Prospecting 
Permit  applied  for,"  the  name  of  the  licensee  stak- 
ing out  the  said  lands  and  the  number  of  his  li- 
cense, also  the  name  of  the  licensee  in  whose  name  or  on 
whose  behalf  it  is  proposed  to  make  application  for  such 
permit,  the  number  of  his  license,  the  date  on  which  the 
said  lands  are  staked  out,  a  statement  of  the  area  intended 
to  be  covered  by  the  Permit ;  and  shall  within  fifteen  days 
thereafter  make  application  in  duplicate  for  the  said  Permit 
to  the  Mining  Recorder  of  the  Mining  Division  within 
which  the  lands  are  situate,  which  application  may  be 
according  to  Form  No.  22  in  the  appendix  hereto.  One 

co^y 


74 


Chap.  11. 


MINES. 


6  Edw.  VII 


copy  of  such  application  shall  at  once  be  posted  up  in  the 
Recorder's  office,  and  one  copy  forwarded  to  the  Minister. 
The  application  shall  be  verified  by  affidavit  which  may  be 
according  to  Form  No.  23  in  the  appendix  hereto.  If  the 
area  so  staked  out  is  more  than  ten  miles  from  the  office 
of  the  Mining  Recorder,  one  day  additional  for  every  addi- 
tional ten  miles  or  fraction  thereof  shall  be  allowed  for 
making  said  application. 

(2)  After  the  expiry  of  thirty  days  from  the  making  of 
such  application  to  the  Mining  Recorder,  and  not  later 
than  ninety  days  thereafter,  the  licensee  shall  make  appli- 
cation to  the  Minister  for  a  Permit  to  prospect  said  lands 
for  petroleum,  natural  gas,  coal  or  salt,  or  any  one  or  more 
of  the  said  substances,  and  shall  accompany  his  applica- 
tion with  a  plan  or  diagram  showing  as  nearly  as  possible, 
the  situation  of  the  lands  and  shall  give  the  best  practic- 
able written  description  of  the  same,  and  pay  in  a  fee  of 
flOO.  If  the  lands  are  situate  in  surveyed  territory,  the 
applicant  shall  describe  the  lands  by  the  numbers  of  the 
lots  and  concessions.  Upon  completion  of  the  application, 
if  no  good  reason  appears  to  the  contrary,  the  Minister  may 
grant  the  Permit,  which  shall  be  called  a  "Prospecting 
Permit",  and  shall  be  for  one  year  only.  Such  Permit 
may  be  according  to  Form  No.  24  in  the  appendix  hereto. 


extent  of  tract.  (3)  Every  tract  of  land  for  which  a  Prospecting  Permit 
is  applied,  if  in  unsurveyed  territory,  shall  be  rectangular 
in  form  and  shall  not  exceed  six  hundred  and  forty  acres 
in  extent,  and  the  boundary  lines  thereof  shall  be  due 
north  and  south  and  due  east  and  west,  astronomically. 
If  in  surveyed  territory  such  tract  may  consist  of  any 
number  of  lots,  not  containing  in  all  more  than  six  hun- 
dred and  forty  acres,  provided  they  are  contiguous,  and 
the  whole  tract  need  not  be  rectangular  in  form. 

ditionsngo°n"  ^  A  Prospecting  Permit  shall  require  the  holder  there- 
of to  enter  upon  the  tract  of  land  described  therein  within 
two  months  of  the  date  thereof,  and  to  expend  thereon  in 
actual  boring,  sinking,  driving  or  otherwise  searching  for 
petroleum,  natural  gas,  coal  or  salt,  a  sum  not  less  than 
at  the  rate  of  two  dollars  per  acre  during  the  term  of  the 
permit,  which  expenditure  shall  not  include  any  moneys 
laid  out  for  houses,  roads  or  other  like  improvements. 
Upon  proof  being  filed  with  the  Minister  that  the  said 
expenditure  has  been  made  and  all  other  terms  and  condi- 
tions oF  the  permit  duly  complied  with,  the  Minister  may 

Fee-  at  the  expiry  thereof,  grant  a  renewal  of  the   same  on 

payment  of  a  fee  of  one  hundred  dollars,  subject  to  like 
conditions  as  to  expenditure  in  actual  boring  or  other- 
wise 


Licensee  to 
make  appli- 
cation to 
Minister. 


Form  and 


1906. 


MINES. 


Chap.  11  75 


wise  searching  for  the  substances  aforesaid,  or  any  one  or  where  surface 
more  of  them.  Wh  ere  an  application  for  a  prospecting  been  granted, 
permit  includes  any  lands,  the  surface  rights  of  which 
have  been  patented,  sold,  leased  or  located,  and  the  mines, 
minerals  or  mining  rights  of  which  have  been  reserved  to 
the  Crown,  such  permit  shall  not  issue  until  the  appli- 
cant has  filed  evidence  to  the  satisfaction  of  the  Minister, 
that  he  has  arranged  with  the  owner  or  owners  of  the 
said  surface  rights  for  compensation  for  injury  or  dam- 
age thereto,  or  failing  such  arrangement  that  such  compen- 
sation has  been  ascertained  and  paid  or  secured  in  man- 
ner provided  in  section  119  hereof. 

(5)  Upon  1he  holder  of  a  prospecting  permit,  proving  Lease  may 
to  the  satisfaction  of  the  Minister,  that  he  has  discovered issue  on  dis"  _^ 
petroleum,  natural  gas,  coal  or  salt,  or  any  one  or  more  of 
the  said  substances  in  commercial  quantities  upon  the  lands 
included  therein,  the  Minister  may  lease  the  said  lands  or 
any  portion  of  them  to  the  holder  of  the  said  permit  or  his 
assignee  for  a  term  of  ten  years  at  an  annual  rental  of  one 
dollar  per  acre,  payable  in  advance,  and  subject  to  the 
expenditure  of  not  less  than  two  dollars  per  acre  per  annum 
for  raising  or  obtaining  petroleum,  natural  gas,  coal  or 
salt,  or  any  one  or  more  of  the  said  substances  therefrom, 
or  in  actual  bona  fide  operations  or  works  undertaken  or 
made  for  the  purpose  of  raising  or  obtaining  the  same. 
The  lessee  shall  have  the  right  of  renewal  of  such  lease  at 
the  expiry  of  the  first  term  of  ten  years  at  the  same  rental, 
and  at  the  expiry  of  the  second  term  of  ten  years  for 
another  term  of  twenty  years  at  such  renewal  rental  as  Renewal, 
may  then  be  agreed  upon  or  provided  by  law  or  regula- 
tion. 


(6)  Every  such  lease  shall  contain  such  other  conditions  Lieutenant- 
stipulations  and  provisos  as  the  Lieutenant-Governor    m  Council  may 
Council  may  order  and  prescribe,  and  shall  be  forfeited  ™0a,|£sear^f"la' 
and  void  if  the  rental  payable  thereunder   be   not  paidleases 
when  due,  or  upon  failure  to  expend  the  money  required 
therein  to  be  laid  out  in  bona  fide  operations  or  work  for 

the  purpose  of  raising  or  obtaining  the  aforementioned 
substances,  or  any  one  or  more  of  them,  or  upon  failure  to 
comply  with  any  of  the  said  terms  and  conditions  of  suchProviso 
lease.  Provided  that  a  forfeiture  for  failure  to  pay  rent 
when  due  may  be  defeated-  by  paying  up  all  arrears  of 
rent  within  ninety  days  after  the  same  became  due  and 
payable. 

(7)  The  right  conferred  by  any  such  lease  upon  the  lessee  Rights  of 
shall  be  to  enter  upon  the  lands  mentioned  or  described  tssee' 
therein,  and  to  dig,  bore,  sink,  drive  or  otherwise  search 

for  and  obtain,  raise  and  remove,  petroleum,  natural  gas, 
coal  and  salt,  or  any  one  or  more  of  such  substances.  All 

other 


76  Chap.  11. 


MINES. 


6  Edw.  VII 


other  minerals  or  mineral  substances  of  value  shall  he 
other  minerals  reserved  to  the  Crown,  and  it  shall  be  lawful  for  the 
to  be  reserved.  jl0]jer  0f  a  Miner's  License  at  all  times  to  go  upon  the 
said  lands  and  prospect  and  search  for  valuable  minerals 
and  to  stake  out  mining  claims  thereon,  and  obtain  patents 
therefor,  upon  compensating  the  said  lessee  for  injury  or 
damage  to  the  surface  rights  of  the  said  lands ;  neverthe- 
less, from  such  patents,  the  petroleum,  natural  gas,  coal 
and  salt  in,  on  or  under  the  said  lands,  shall  be  reserved. 

fd  irfu  seirllir      ^  ^°  sucn  iease  shall  issue  for  lands  in  unsurveyed 
ed  territory,     territory  unless   and   until   a   plan  in   triplicate   by  an 
Ontario  Land  Surveyor,  field  notes  and  description,  shall 
be  filed  in  the  Department,  showing  a  survey  iti  conform 
ity  with  this  Act,  and  to  the  satisfaction  of  the  Minister. 

(9)  Tlie  holder  of  a  prospecting  permit  or  of  a  lease  for 
petroleum,  natural  gas,  coal  or  salt,  shall  not  be  entitled 
to  Ihe  timber  upon  the  lands  included  in  such  permit  or 
lease  but  if  the  same  are  not  covered  by  timber  license, 
such  holder  may  cut  and  use  such  timber  or  trees  as  may  be 
necessary  for  prospecting  and  working  the  said  lands,  upon 
application  to  the  Minister  therefor,  and  upon  payment  of 
such  rates  as  he  may  fix. 

(10)  The  holder  of  a  prospecting  permit  may,  subject  to 
the  consent  of  the  Minister  endorsed  thereon,  transfer  by 
assignment  in  the  Form  No.  25  in  the  appendix  hereto  all 
his  rights  in  the  said  Permit  of  the  lands  included  therein, 
and  upon  said  consent  being  given  the  licensee  to  whom  the 
same  is  transferred  shall  thereupon  be  entitled  to  the  unex- 
pired term  of  the  said  permit,  with  any  right  of  renewal 
thereof  hereby  authorized. 


Placer  Mining. 

claims"1 '" g  182.  The  provisions  of  this  Act  in  regard  to  staking  out  a 
mining  claim  after  discovery  thereon  of  valuable  mineral 
shall  be  applicable,  likewise,  to  placer  mining  claims,  ex- 
cept that  in  the  case  of  placer  mining  claims  it  shall  not  be 
necessary,  preliminary  to  having  the  right  to  stake  out,  that 
there  should  have  been  a  discovery  of  valuable  mineral 
in  place,  but  a  discovery  of  a  bed  or  deposit  of  gold  or 
platinum  bearing  sand,  earth,  clay  or  gravel,  or  of  precious 
stones,  shall  entitle  the  licensee,  by  or  on  whose  behalf  such 
discovery  has  been  made,  to  stake  out  a  placer  mining  claim 
thereon. 

Dredging 


Timber  to  bs 
reserved. 


Transfer  of 
prospecting 
permit. 


1906. 


MINES. 


Chap.  11  77 


Dredging  Leases. 


183. — (1)  The  Lieutenant-Governor,  by  Order-in-Council,  qJ^^^"^ 
may  make  regulations  respecting  the  issue  of  leases  author- council  may 
izing  the  holders  thereof  to  dredge  in  any  river,  stream  or  uomVsfo la 
lake  in,  on  or  flowing  through  Crown  lands,  or  the  bed  or  fer^|ing 
beds  of  which  belongs  to  the  Crown,  for  the  purpose  of  re- 
covering valuable  minerals  therefrom,  and  from  time  to 
time,  may  alter  or  revoke  any  order  or  orders  or  regulations 
in  respect  thereof,  and  make  others  in  their  stead,  and  all 
orders  or  regulations  made  by  virtue  of  the  provisions  of 
this  section  shall  have  force  and    effect    only    after  the 
same  shall  have  been  published  in  The  Ontario  Gazette. 

(2)  Such  leases  shall  provide  for  the  payment   of    an  Provisions  to  be 
annual  rental  in  advance  of  not  less  than  twenty  dollars  dred^ng1" 
per  mile  in  length  of  any  such  river,  stream  or  lake,  andleases- 
shall  not  be  for  a  greater  term  than  ten  years,  renewable 
at  the  expiry  thereof,  and  shall  contain   provisions  for 
protecting  all  other  public  interests  in  such  river,  stream 
or  lake,  including  the  driving  of  logs  and  timber,  and  navi- 
gation. 


Fees. 


184.  The  fees  to  be  paid  under  this  Act  shall  be  accord- Fees, 
ing  to  the  tariff  therefor  set  forth  in  the  schedule  hereto. 
A  fee  not  exceeding  twenty-five  cents   for  each  affidavit} 
taken  before  a  Mining  Recorder,  shall  be  payable  to  the 
said  Recorder  for  his  own  use. 


MINING  PARTNERSHIPS. 


185. — (1)  In  addition  to  all  other  provisions  of  law  in...  . 

r\  ■  t  i  •  •  i  Mining 

Ontario  regarding  partnerships  or    unincorporated    com-  partnerships., 
panies  for  mining  purposes  such  partnerships  shall  be  sub- 
ject to  the  provisions  of  this  Act  referable  thereto. 

(2)  Such  partnerships  may  be  composed  of  two  or  morp 
persons  of  the  age  of  18  years  or  over. 

(3)  After  the  passing  of  this  Act  no  such  partnerships  ^ 
shall  be  entitled  to  receive  or  hold  a  miner's  license  in  On-  must  comply 
tario,  or  be  entitled  to  stake  out  a  mining  claim,  or  a  special  Wlth  Act' 
mining  claim,  or  apply  for  a  working  permit,  or  be  recorded 

as  the  holder  or  transferee  either  of  a  mining  claim,  a  spe- 
cial mining  claim  or  a  working  permit  in  any  Mining  Divi- 
sion in  Ontario,  or  to  perform  mining  operations  of  any 
kind  in  Ontario,  until  the  provisions  of  this  Act  referable 
thereto  shall  have  been  complied  with. 

(4) 


78  Chap.  11. 


MINES. 


6  Edw.  YII 


partieufareof  _  (4)  Every  member  of  a  mining  partnership  shall  severally 
Ee^igned'by0  a^n  (either  personally  or  by  attorney  duly  authorized  in 
partners.  writing  in  the  form  in  the  schedule  to  this  Act,  which  auth- 
orization shall  be  annexed  to  the  certificate  of  partnership 
hereafter  mentioned)  a  certificate  (which  may  be  in  the 
Form  No.  26  in  the  schedule  to  this  Act)  wherein  shall  be 
stated : 


(a)  The  names  in  full,  addresses  and  occupations  of  all 
the  partners. 

(6)  The  name  under  which  the  partnership  is  to  be  con- 
ducted. 

(c)  The  total  number  of  shares  of  said  partnership. 

(d)  The  number  of  shares  of  said  partnership  owned 

by  each  partner. 


(e)  The  period  at  which  the  partnership  is  to  commence 
and  at  which  it  is  to  terminate. 


(/)  The  name  in  full,  address  and  occupation  of  some 
individual  resident  in  Ontario,  or  an  incorpor- 
ated company  having  its  head  office  in  Ontario 
authorized  to  act  as  Agent,  and  who  consents 
in  writing  in  such  certificate  to  act  as  agent  of 
the  partnership,  and  who  shall  have  power  to 
bind  the  partnership  in  any  contract  made  or 
entered  into  on  behalf  of  the  partnership  and 
signed  by  such  agent. 

be  recorded t0  ^)  Such  mining  partnership,  before  being  entitled  to  the 
with  Mining    issue  of  a  miner's  license,  shall  be  recorded  as  herein  pro- 

Record.Gr .  .  . 

vided  in  the  office  of  the  Mining  Recorder,  to  whom  appli- 
cation is  made  by  or  on  behalf  of  such  mining  partnership 
for  a  miner's  license. 


How^partner-  (6)  A  mining  partnership  shall  be  recorded  by  presenting 
recorded.  to  and  filing  with  a  Mining  Recorder  a  certificate  which 
complies  with  the  provisions  of  subsection  4  of  this  section, 
or  by  presenting  to  and  filing  with  a  Mining  Recorder  a  copy 
certified  by  a  Mining  Recorder  to  be  a  true  copy  of  a  cer- 
tificate as  aforesaid  duly  recorded  in  his  office,  and  by  pay- 
ing the  fee  therefor  prescribed  in  the  schedule  to  this  Act. 

notentitieci  to     (7)  No  mining  partnership  shall  be  entitled  to  stake  out 
cUtos°untud   a  ruining  claim,  or  apply  for  a  working  permit,  or  be  re- 
recorded,      corded  as  the  holder  or  transferee  of  a  mining  claim  or  of 
a  working  permit  or  of  mining  property  of  any  nature  or 
of  any  interest  of  any  kind  therein  in  a  Mining  Division, 

or 


1900. 


MINES. 


Chap.  11 


79 


or  to  perforin  mining  operations  of  any  kind  in  Ontario, 
unless  and  until  such  partnership  has  been  recorded  as 
herein  provided  in  the  Mining  Division  in  which  such  min- 
ing claim,  working  permit  or  mining  property  is  situated. 

(8)  Every  contract  made  or  entered  into  in  writing  on .  ^^pj^ 
behalf  of  a  mining  partnership  by  the  recorded  agent  for  to  bind  part 
the  time  being  of  such  partnership  as  herein  provided  andner>,lip 
signed  by  such  agent,  shall  be  binding  upon  said  partner- 
ship. 

(9)  A  majority  in  interest  for  the  time  being  of  the  re-  Revocation  of 

i    i  i  p  •    •  .         i  •  i      i.r    appointment  of 

corded  members  of  a  mining  partnership  may  revoke  the  agent  of 

appointment  of  such  agent  of  t*he  partnership  by  signing  no^effect©£~ 
a  certificate  of  revocation  thereof  in  the  form  No.  '27  in 
the  schedule  to  this  Act,  and  by  recording  such  certificate 
in  the  office  of  a  Mining  Recorder,  and  not  otherwise,  but 
such  revocation  shall  not  be  effectual  until  so  recorded,  and 
shall  only  be  effectual  as  to  the  Mining  Division  or  divi- 
sions wherein  so  recorded.      In  the  event  of  the  death  of  On  death  of 
the  recorded  agent  of  a  mining  partnership  a  majority  in  new  agent  may 
interest  for  the  time  being  of  the  recorded  members  of  such  be  aPP°mted- 
partnership  may  by  a  certificate  in  the  form  No.  28  in 
the  schedule  to  this  Act  appoint  another  qualified  person 
or  corporation  to  be  the  agent  of  such  partnership,  but  such 
appointment  shall  not  be  effectual  until  recorded  with  such 
Mining  Eecorder  or  Recorders  as  the  appointment  of  such 
deceased  agent  had  been  recorded  with. 

(10)  No  certificate  of  revocation  of  the  agent  of  a  mining  Certificate  of 
partnership  shall  be  effectual  unless  it  substitutes  another 

appoint  new 

qualified  agent  who  consents  in  writing  in  such  certificate  agent- 
to  act  as  agent,  and  possesses  the  same  authority  to  bind 
the  partnership  as  was  theretofore  possessed  by  the  agent 
whose  authority  is  thereby  revoked. 

Cll)  Any  specified  share  or  shares  in  a  mining  partner-  Transfer  of 
?hip  may  be  transferred  to  any  person  or  mining  partner-  partnership 
ship  or  incorporated  company  authorized  to  deal  in  the  • 
shares  of  a  mining  partnership,  by  the  owner  thereof,  or 
the  executor  or  administrator  of  a  deceased  owner  thereof, 
or  by  the  assignee  for  the  benefit  of  creditors  of  the  owner 
thereof,  or  by  a  sheriff  or  bailiff  in  due  course  of  law,  by 
signing  and  recording  with  the  Mining  Recorder  of  each 
Mining  Division  wherein  such  mining  partnership  is  re- 
corded  a  transfer  thereof  in  the  form  No.   29  in  the 
schedule  to  this  Act,  and  not  otherwise. 

(12)  A  mining  partnership  may  be  dissolved  in  the  same  Dissolution  of 
manner  as  any  other  partnership  may  be  legally  dissolved,  PartnershlP- 
except  that  it  shall  not  be  dissolved  by  the  death  of  any 
partner,  but  the  share  or  shares  of  such  deceased  partner, 
if  not  otherwise  disposed  of  by  the  will  of  such  deceased 
partner,  shall  devolve  upon  the  executor  or  administrator 
of  such  partner.  Such  dissolution  may  be  according  to 
form  (No.  30)  in  the  appendix  hereto. 

(13) 


80  Chap.  11. 


MINES. 


6  Edw.  VII 


After  dissolu- 
tion recorded 
agent  to  be 
trustee  for 
individual 
partners. 


(13)  The  dissolution  of  a  mining  partnership  shall  not 
constitute  a  revocation  of  the  authority  of  the  recorded 
agent  for  the  time  being  of  such  partnership,  but  after  such 
dissolution  such  agent,  instead  of  being  a  trustee  for  the 
partnership  as  a  whole,  shall  thereupon  become  and  be  the 
trustee  of  the  individual  partners  or  their  legal  represen- 
tatives, as  the  case  may  be,  but  may,  nevertheless,  bind 
the  interest  of  the  individual  partners  and  their  legal  repre- 
sentatives in  selling,  mortgaging  or  otherwise  dealing  with 
and  transferring  the  property  of  the  partnership  in  the 
partnership  name  until  the  affairs  of  the  partnership  are 
finally  wound  up. 


tobersdubiefteto  ^he  recor(led  agent,  for  the  time  being,  of  a  min- 

MiningCom-  ing  partnership  shall  at  all  times  be  subject  to  and  shall 
any  court  or  obey  the  orders  of  the  Mining  Commissioner,  or  of  any 
judge.  Court  or  Judge  in  Ontario,  as  the  case  may  be,  under  the 

provisions  of  this  Act. 


Recorded  agent 
not  relieved 
from  liability 
for  breach  of 
trust. 


(15)  Nothing  contained  in  subsections  1  to  13  inclusive  of 
this  section,  shall  relieve  a  recorded  agent,  for  the  time 
being,  from  liability  at  law  for  any  breach  of  trust  com- 
mitted by  such  agent  in  wilfully  disobeying  the  instruc- 
tions given  to  such  agent  by  the  majority  in  interest,  for 
the  time  being,  of  the  recorded  members  of  such  mining 
partnership,  but  notice  or  knowledge  of  such  breach  of  trust 
shall  not  affect  the  interest  or  title  of  any  person  or  corpora- 
tion contracting  with  such  agent  while  such  agent  remains 
the  recorded  agent  of  such  partnership. 


(16)  Unless  otherwise  provided  in  writing  by  the  partner- 
ship and  incorporated  in  the  certificate  in  subsection  4  of 


Certain  sec- 
tions of  the 
Ontario  Com- 
panies' Act  to  thig  section  mentioned,  the  like  provisions  as  are  contained 
in  sections  27  to  40,  42  to  44,  46  to  64,  77,  78,  81  to  85,  87 
to  94,  and  97  of  The  Ontario  Companies  Act,  and  amend- 
ments thereto  as  far  as  same  are  not  incapable  of 
being  applied  thereto,  shall  be  deemed  to  be  part  of  the 
partnership  agreement  of  every  mining  partnership  recorded 
under  the  provisions  of  this  Act,  and  to  be  binding  upon  the 
recorded  partners,  for  the  time  being,  therein  and  upon  the 
legal  representatives  of  such  partners. 


Rev.  Stat. 
C.  191. 


Incorporated  Companies. 


As  to  incor- 
porated com- 
panies. 


186. — (1)  After  the  passing  of  this  Act  no  incorporated 
company  shall  be  entitled  to  receive  or  hold  a  miner's 
license  in  Ontario,  or  be  entitled  to  stake  out  a  mining  claim, 
or  a  special  mining  claim,  or  apply  for  a  working  permit, 
or  be  recorded  as  the  holder  or  transferee  either  of  a  min- 
ing claim,  a  special  mining  claim,  or  a  working  permit  in 
any  mining  division  in  Ontario,  or  to  perform  mining 
operations  of  any  kind  in  Ontario  until  the  provisions  of 
this  Act  referable  thereto  shall  have  been  complied  with. 

(2) 


1906. 


MINES. 


Chap.  11  81 


(2)  Such  incorporated  company,  before  being  entitled  to 

recorded  in 

the  issue  of  a  miner's  license,  shall  be  recorded  as  herein  ^cc0er°ferMj^ 
provided  in  the  office  of  the  Mining  Recorder,  to  whom 
application  is  made  by  or  on  behalf  of  such  company  for  a 
miner's  license. 

(3)  An  incorporated  company  shall  be  recorded  by  PM-g^ffi? 
senting  to  and  filing  with  a  Mining  Recorder  a  true  copy  Patent,  ArUciM. 
of  the  Letters  Patent,  Articles  of  Association  or  Special  etc,  verified^ 
Act  incorporating  such  company,  verified  on  oath  by  the 01lth- 
Secretary  of  the  company,  and  in  case  of  a  company  not 
incorporated  in  Ontario,  also  of  the  license  authorizing  such 
company  to  transact  business  or  hold  lands  in  Ontario,  or 

by  presenting  to  and  filing  with  a  Mining  Recorder  a  copy 
certified  by  a  Mining  Recorder  to  be  a  true  copy  of  the  true 
copy  as  aforesaid,  duly  recorded  in  his  office,  and  by  paying 
the  fee  therefor  prescribed  in  the  schedule  to  this  Act.  Fee. 
The  affidavit  in  this  section  referred  to  may  be  according 
to  form  No.  31  in  the  appendix  hereto. 

C4)  No  incorporated  company  shall  be  entitled  to  stake  ^3*'^°  be 
out  a  mining  claim  or  apply  for  a  working  permit,  or  be  mining divl- 
recorded  as  the  holder  or  transferee  of  a  mining  claim,  or  property re 
of  a  working  permit,  or  of  mining  property  of  any  nature, situate- 
or  of  any  interest  of  any  kind  therein  in  a  Mining  Division, 
or  to  perform   mining  operations  of  any  kind  in  Ontario, 
unless  and  until  such  company  has  been  recorded  as  herein 
provided  in  the  mining  division  in   which   such  mining 
claim,  working   permit   or   mining   property  is  situated. 

Exploratory  Drilling. 

187.^ — (1)  The  Minister  may  out  of  moneys  voted  for  that  Purchase  of 
purpose,  purchase  such  diamond  drills  as  he  may  deem  exploratory 
necessary  for  use  in  exploratory  drilling  of  ores  or  min-  PurP°ses. 
erals  in  the  Province  under  rules  and  regulations  made 
by  the  Liutenant-Governor  in  Council,  which  shall  amongst 
other  things  provide — 

(a)  For  the  control  and  working  of  the  drills  under 
the  direction  of  a  person  or  persons  employed 
for  the  purpose  by  the  Bureau  of  Mines. 
(6)  As  to  the  payment  of  freight  charges  where  the 
drills  are  used  upon  mines  or  lands  other  than 
those  owned  by  the  Crown. 

(c)  As  to  applications  for  use  of  the  drills  and  the 

method  of  dealing  therewith. 

(d)  As  to  charges  for  use  of  the  drills  and  for  dam- 

ages thereto,  or  wear  and  tear  connected  there- 
with, and  otherwise  as  to  the  Lieutenant-Gov- 
ernor in  Council  shall  seem  meet.  R.S.O.  1897, 
c.  36,  s.  13. 

(2)  The  rules  and  regulations  for  the  control  and  working 
of  diamond  drills  heretofore  adopted  by  Order-in-Council 
6  S.  shall 


82  ChaE.  11. 


MINES. 


6  Edw.  VII 


shall  remain  in  force  until  amended  or  repealed  by  the 
Lieutenant-Governor  in  Council. 

Lien  for  "Wages. 

tohaveUenfor  188.  Every  miner,  mechanic,  labourer  or  other  person 
wages.  who  performs  labour  for  wages  in  connection  with  any  mine 

or  mining  property  or  works  connected  therewith  shall  have 
upon  the  said  mine  and  other  property  of  the  owner  therein 
and  thereon  a  lien  for  such  wages,  not  exceeding  the  wages 
for  thirty  days,  or  a  balance  equal  to  his  wages  for  thirty 
days,  and  the  said  lien  may  be  enforced  in  the  manner  pro- 
vided for  enforcing  liens  for  wages  by  The  Mechanics'  and 
Wage  Earners'  Lien  Act.     R.S.O.  1897,  c.  209,  s.  82  (14). 

to°depn?vemine  1^9.  ^°  agreement  shall  be  held  to  deprive  anyone  other- 
workers  of  wise  entitled  to  a  lien  under  this  Act  of  the  benefit  of  a  lien, 
benefit  of  uen.  but  the  lien  attacll  notwithstanding  such  an  agree- 

ment.    R.S.O.  1897,  c.  153,  s.  6. 

Riot  Act. 

Lieutenant-        190.  The  Lieutenant-Governor  in  Council  may  as  often 
council  may    as  occasion  requires  declare  by  proclamation  that  he  deems 
Acu'n  Min/ng  it  necessary  that  The  Act  respecting  Riots  near  Public 
Division.        Works  phall,  so  far  as  the  provisions  therein  are  appli- 
cable, be  enforced  in  any  defined  locality  within  a  Min- 
ing Division  which  he  may  deem  necessary,  and  upon  and 
after  the  date  named  in  any  such  proclamation  section  1  and 
Rev.stat.c.  38.  sections  3  to  11  inclusive  of  the  said  Act,  so  far  as  the  pro- 
visions thereof  can  be  applied  therein,  shall  take  effect  with- 
in the  locality  or  Mining  Division  designated  in  the  pro- 
clamation, and  the  provisions  of  the  said  Act  shall  apply  to 
all  persons  employed  in  any  mines  or  in  mining  within  the 
limits  of  such  locality  or  Mining  Division  as   fully  and 
effectually  to  all  intents  and  purposes  as  if  the  persons  so 
employed  has  been  specially  mentioned  and  referred  to  in 
the  said  Act.    R.S.O.  1897,  c.  36,  s.  58  (1). 

REGULATIONS  FOR  WORKING  MINES. 

Application  of  191.  Sections  191  to  221  inclusive  shall  apply  to  all  mines, 
m'taai  quarries  and  pits,  and  to  oil,  gas  and  salt  wells,  and  other 
openings  from  which  ores  or  minerals  of  any  kind  or  class 
are  raised  or  taken,  and  to  all  furnaces  or  works  for  smelt- 
ing or  otherwise  treating  ores,  rocks,  clays,  sands,  oils, 
brines  or  other  minerals  for  any  economic  object;  and  all 
owners  or  agents  of  such  mines,  quarries,  pits,  wells,  furn- 
aces and  works  shall  observe  and  keep  the  provisions  of 
the  said  sections,  and  in  case  of  non-observance  thereof  shall 
incur  the  penalties  provided  therefor  by  section  213.  R.S. 
0.  1897,  c.  36,  s.  59. 

Employees. 

Employment  192.  No  boy  under  the  age  of  fifteen  years  shall  be  em- 
chndren6'1  and  ployed  in  or  allowed  to  be  for  the  purposes  of  employment 

in 


1906. 


MINES. 


Chap.  11  83 


in  any  mine  to  which  this  Act  applies  below  ground;  and 
except  in  the  case  of  mica  trimming  works  no  girl  or 
woman  shall  be  employed  at  a  mining  work  or  allowed 
to  be  for  the  purpose  of  employment  at  mining  work  in 
or  about  any  mine.    R.S.O.  1897,  c.  36,  s.  60. 

193.  — (1)  No  boy  or  young  male  person  of  the  age  of  fif- employment 
teen  and  under  the  age  of  seventeen  years  shall  be  em-  for  boys, 
ployed  or  allowed  to  be  for  the  purpose  of  employment  in 

any  mine  to  which  this  Act  applies  below  ground  on  Sun- 
day or  for  more  than  forty-eight  hours  in  any  one  week, 
or  more  than  eight  hours  in  any  one  day. 

(2)  The  period  of  such  employment,  and  the  time  during 
which  any  such  boy  or  person  may  be  below  ground  for 
the  purpose  of  employment  shall  respectively  be  deemed  to 
begin  at  the  time  of  leaving  the  surface  and  to  end  at  the 
time  of  returning  to  the  surface. 

(3)  A  week  shall  mean  the  period  between  midnight  on 
Sunday  night  and  midnight  on  the  succeeding  Saturday 
night.     R.S.O.  1897,  c.  36,  s.  61. 

194.  The  owner  or  agent  of  every  mine  to  which  this  ^Ift  onads"6 
Act  applies  shall  keep  in  the  office  at  the  mine,  or  in  the  employed, 
principal  office  of  the  mine  belonging  to  the  same  owner 

in  the  district  in  which  the  mine  is  situated,  a  register, 
and  shall  cause  to  be  entered  in  such  register  the  name, 
age,  residence  and  date  of  the  first  employment  of  all  boys 
or  young  male  nersons  of  the  age  of  fifteen  and  under  the 
age  of  seventeen  years  who  are  employed  in  the  mine  be- 
low ground,  and  shall  produce  sucb  register  to  any  Inspec- 
tor at  the  mine  at  all  reasonable  times  when  require!  by 
him,  and  allow  him  to  inspect  and  copy  the  same.  The 
immediate  employer  of  every  boy  or  male  young  person  of 
the  age  aforesaid  other  than  the  owner  or  agent  of  the 
mine,  before  he  causes  such  boy  or  male  young  person  to 
be  in  any  mine  to  which  this  Act  applies  below  ground, 
shall  report  to  the  owner  or  agent  of  such  mine  or  some 
person  appointed  by  such  owner  or  agent,  that  he  is  about 
to  employ  such  boy  or  young  male  person  in  the  said  mine. 
R.S.O.  1897.  c.  36,  s.  62. 

195.  Where  there  is  a  shaft,  incline,  plane  or  level  in  Age  ami  sex  of 
any  mine  to  which  this  Act  applies,  whether  for  the  pur-  conation 
pose  of  an  entrance  to  such  mine  or  of  a  communication  Wlth  e"^"68- 
from  one  part  to  another  part  of  such  mine,  and  persons 

are  taken  up,  down  or  along  such  shaft,  plane  or  level  by 
means  of  any  engine,  windlass  or  gin,  driven  or  worked  by 
*team  or  by  any  mechanical  power,  or  by  an  animal, 
or  by  manual  labor,  no  person  shall  be  allowed  to  have 
charge  of  such  engine,  windlass  or  gin,  or  of.  any  part  of 
the  machinery,  ropes,  chains  or  tackle  connected  there- 
with, unless  he  is  a  male  of  at  least  twenty  years  of  age. 
Where  the  engine,  windlass  or  gin  is  worked  »y  an  animal, 

the 


84 


Chap.  11. 


MINES. 


6  Edw.  VII 


the  person  under  whose  direction  the  driver  of  the  animal 
acts  shall  for  the  purposes  of  this  section  be  deemed  to  be 
the  person  in  charge  of  the  engine,,  windlass  or  gin,  and 
no  person  shall  be  employed  as  such  driver  who  is  under 

sixteen  years  of  age.    R.S.O.  1897,  c.  36,  s.  63. 

Tmptoyment  0f  196-  If  W  person  contravenes  any  provision  of  the  four 
persons  con-  next  preceding  sections  of  this  Act  he  shall  be  guilty  of 
an  offence  against  this  Act,  and  in  case  of  any  such  con- 
travention by  any  person  whomsoever  in  the  case  of  any 
mine,  the  owner  and  the  agent  of  such  mine  shall  each  be 
guiltv  of  an  offence  against  this  Act,  unless  such  owner  or 
agent  proves  that  he  had  taken  all  reasonable  means  to 
prevent  such  contravention  by  publishing,  and  to  the  best 
of  his  power  enforcing  the  provisions  of  this  Act.  R.S.O. 
1897,  c.  36,  s.  64  . 

mide^ageTm-  197 •  ^  ^  appears  that  a  boy  or  young  person  or  any  per- 
pioyed  on  false  SOn  emploved  about  an  ensrine,  windlass  or  gin  was  em- 

representation.    ,        i  .i  ,    ,•  n  i  •  ,      £  i  • 

ployed  on  the  representation  of  Ins  parent  of  guardian 
that  he  was  of  an  age  at  which  his  employment  would  not 
be  in  contravention  of  this  Act,  and  under  the  belief  in 
good  faith  that  he  was  of  that  age,  the  owner  or  agent  of 
the  mine  and  the  immediate  employer  shall  be  exempted 
from  any  penalty,  notwithstanding  such  boy  or  other  per- 
son was  not  of  an  age  at  which  his  employment  as  afore- 
said_  is  authorized  by  this  Act,  provided  such  owner,  agent 
or  employer  shall  immediately  upon  discovery  of  the  fact 
discharge  su,ch  boy  from  such  employment,  but  the  parent 
or  guardian  shall  for  the  misrepresentation  aforesaid  be 
deemed  guiltv  of  an  offence  against  this  Act.  R.S.O. 
1897,  c.  36,  s.  55. 

to^amage'10*  198.  In  mining  operations  no  licensee  shall  cause  dam- 
other  claims.  age  oj.  injury  to  the  holder  of  any  mining  property  by 
throwing  earth,  clay,  stones  or  mining  material  on  such 
other  mining  property,  or  by  causing  or  by  allowing  water 
which  may  be  pumped  or  bailed  or  may  flow  from  a  min- 
ing claim  or  other  mining  property  of  such  licensee,  to 
flow  into  or  upon  such  other  mining  property,  under  a 
penalty  of  not  more  than  $10  and  costs  for  every  offence, 
and  for  every  day  such  damage  or  injury  continues,  and 
in  default  of  payment  of  the  fine  and  costs  the  licensee 
offending  may  be  imprisoned  for  any  period  not  exceeding 
one  month.  The  provisions  herein  contained  shall  be  in 
addition  to  any  civil  claim  for  damages  which  may  be 
incurred  by  the  owner  of  any  mining  property  sustaining 
damage  or  injury  of  the  nature  aforesaid.  R.S.O.  1897, 
c.  36,  s.  57. 

Liquor  Licenses. 

fjirwddenense8  ^99.  Excepting  in  towns  and  incorporated  villages,  no 
within  six  license  shall  hereafter  be  issued  to  any  public  house,  beer 
uin'mines!     shop  or  other  place  not  now  under  license  for  the  sale  of  any 

spirits 


1906. 


MINES. 


Chap.  11  85 


spirits,  wine,  beer  or  other  spirituous  or  fermented  liquor 
within  six  miles  of  any  mine  or  mining  camp  where  six  or 
more  workmen  are  employed.    63  V.  c.  13,  s.  21. 

Payment  of  Wages. 

200.  — (1)  No  wages  shall  be  paid  to  any  person  employed  j£?ment0oi  °r 
in  or  about  any  mine  to  which  this  part  applies  at  or  within  ^lfseessatr>"blic 
any  public  house,  beer  shop  or  place  for  the  sale  of  any 

spirits,  wine,  beer  or  other  spirituous  or  fermented  liquor, 
or  other  house  of  entertainment,  or  within  any  office,  gar- 
den, or  place  belonging  or  contiguous  thereto  or  occupied 
therewith.    It.S.O.  1897,  c.  36,  s.  66  (1). 

(2)  Every  person  who  contravenes  or  permits  any  person  penaity. 
to  contravene  this  section  shall  be  guilty  of  an  offence 
against  this  Act,  and  in  the  event  of  any  such  contraven- 
tion by  any  person  whomsoever  the  owner  or  agent  of  the 
mine  in  respect  of  which  the  wages  were  paid  shall  each 
be  guilty  of  an  offence  against  this  Act,  unless  such  owner 
or  agent  proves  that  he  had  taken  all  reasonable  means  to 
prevent  such  contravention  by  publishing  and  to  the  best 
of  his  power  enforcing  the  provisions  of  this  section. 
R.S.O.  1897,  c.  36,  s.  66  (2). 

Statistical  Returns. 

201.  — (1)  The  owner  or  agent  of  every  mine,  quarry  or  f^"ss"cal  re" 
other  works  to  which  this  Act  applies  shall  on  or  before  owners  and 
the  15th  day  of  January  in  every  year  send  to  the  Bureau  ^^of 

cf  Mines  a  correct  return  for  the  year  ending  on  the  pre- 
ceding 31st  day  of  December  of  the  number  of  persons  or- 
dinarily employed  in  or  about  such  mine  below  ground 
and  above  ground  respectively,  and  distinguishing  the  dif- 
ferent classes  and  ages  of  the  persons  so  employed  whose 
hours  of  labour  are  regulated  by  this  Act,  the  average  rate 
of  wages  of  each  class  and  the  total  amount  of  wages  paid 
during  the  year,  the  quantity  in  standard  weight  of  the 
mineral  dressed,  and  of  the  undressed  mineral  which  has 
been  sold,  treated  or  used  during  such  year,  and  the  value 
or  estimated  value  thereof;  and  the  owner  or  agent  of  every 
metalliferous  mine  shall,  if  required,  make  similar  returns 
at  the  end  of  each  month  or  quarter  of  the  calendar  year 
for  such  month  or  quarter  in  order  that  the  same  may  be 
tabulated  for  publication  under  the  instructions  of  the  Min- 
ister. 

(2)  For  the  purpose  of  collecting  the  data  of  such  statis-  fu3J1ne^dSbybe 
tics  the  Deputy  Minister  shall  prepare  the  required  sched- Deputy 

ules  in  such  forms  as  he  may,  from  time  to  time,  deem Mmister" 
desirable,  and  send  the  same  by  mail  to  be  filled  up  and 
returned  by  the  owner  or  agent  of  every  such  mine,  quarry 
or  works  in  the  Province. 

(3)  Every  owner  or  agent  of  a  mine,  quarry  or  other  Penalty, 
works  who  fails  to  comply  with  this  section,  or  makes  any 

return 


86 


Chap.  11. 


MINES. 


6  Edw.  VII 


return  which  is  to  his  knowledge  false  in  any  particular, 

shall  be  guilty  of  an  offence  against  this  Act.  R.S.O. 
1897,  c.  36,  s.  67  (1). 

producedon  202. — (1)  On  the  occasion  of  any  examination  or 
mfneCti°n  °f  inspection  of  a  mine  the  owner  shall,  if  required  so 
to  do,  produce  to  the  Inspector,  or  any  other  person 
authorized  by  the  Minister,  an  accurate  plan  of  the 
workings  thereof;  every  such  plan  as  aforesaid  shall  show 
the  workings  of  the  mine  up  to  within  six  months  of  the 
time  of  the  inspection,  and  the  owner  shall,  if  required  by 
such  Inspector  or  other  authorized  person,  cause  to  be 
marked  on  such  plan  the  progress  of  the  workings  of  the 
mine  up  to  the  time  of  such  inspection,  and  shall  also  per- 
mit the  Inspector  to  take  a  copy  or  tracing  thereof, 
plan  of  work-      (o\  ^n  accurate  plan  of  every  working  mine  in  which 

ing  mines  to      .    V  '  1    .  .  J  ° 

be  filed.  levels,  crosscuts  or  other  openings  have  been  driven  from 
any  shaft,  adit  or  tunnel,  and  of  every  mine  consisting  of 
either  a  tunnel  or  shaft  having  a  longitudinal  extension  of 
fifty  feet  or  more,  shall  be  made  and  a  certified  copy  filed 
at  the  office  of  the  Bureau  of  Mines  on  the  thirty-first  day 
of  March  of  each  year  showing  the  workings  of  the  mine 
up  to  the  thirty-first  day  of  December  preceding,  and 
whenever  work  in  a  mine  has  been  discontinued  or  aban- 
doned for  a  period  of  one  month  such  plan  shall  be  filed  at 
the  office  of  the  Bureau  of  Mines  within  two  months  from 
the  date  of  cessation  of  work,  and  failure  to  comply  with 
any  of  these  provisions  on  the  part  of  the  owner  or  agent 
of  the  mine  shall  be  regarded  as  an  offence  ag-ainst  this 
Act;  but  every  such  plan  shall  be  maintained  as  confiden- 
tial information  for  the  use  of  the  officers  of  the  Bureau  of 
Mines  concerning  the  state  and  extent  of  every  such  mine, 
and  shall  not  be  exhibited  nor  shall  any  account  thereof  be 
imparted  to  any  person  or  persons  except  with  the  written 
permission  of  the  owner  or  agent  of  the  mine.  R.S.O. 
1897,  c.  36.  s.  31;  63  V.,  c.  13,  s.  20. 

Prevention  of  Accidents. 

Abandoned  or  ^3.  For  the  prevention  of  accidents  where  any  mine  has 
unworked      been  abandoned  or  the  working  thereof  has  been  discon- 


mmes. 


tinued,  the  owner  or  lessee,  or  other  person  interested  in 
the  minerals  of  the  mine  shall  cause  the  top  of  the  shaft 
and  all  entrances  from  the  surface,  as  well  as  all  other  pits 
and  openings  dangerous  by  reason  of  their  depth,  to  be  and 
to  be  kept  securely  fenced ;  and  if  any  person  fails  to  act 
in  conformity  with  this  section  he  shall  be  guilty  of  an 
offence  against  this  Act,  and  any  shaft,  entrance,  pit  or 
other  opening  which  is  not  fenced  as  aforesaid  shall  be 
deemed  to  be  a  nuisance.    R.S.O.  1897,  c.  36,  s.  68. 

inquest  in  case  204.  It  shall  be  the  duty  of  the  coroner  who  resides  near- 
m/neflity  *" *  est  to         m™e  wherein  or  in  connection  wherewith  any 

fatal  i  ty 


1906. 


MINES. 


Chap.  11  87 


fatality  has  occurred,  to  forthwith  conduct  an  inquest,  but 
if  such  coroner  is  in  any  way  in  the  employ  of  the  mine 
owner  or  lessee  of  the  mine  in  question  he  shall  be  ineligible 
to  act  as  coroner  in  reference  thereto,  and  any  other  coroner 
shall,  upon  application  by  any  person  interested,  at  once 
issue  his  warrant  and  conduct  such  inquest,  and  this  section 
shall  be  his  authority  for  so  doing,  whether  his  commission 
extends  to  such  territory  or  not. 

205.  The  following  general  rules  shall  so  far  as  may  be  General  rules, 
reasonably  practicable  be  observed  in  every  mine  to  which 
this  Act  applies  : 

1.  An  adequate  amount  of  ventilation  shall  be  constantly  ventilation, 
prodiiced  in  every  mine  to  such  an  extent  that  the  shafts, 

adits,  tunnels,  winzes,  rises,  sumps,  levels,  stopes.  cross- 
cuts, underground  stables  and  working  places  of  such  mine 
and  the  travelling  roads  to  and  from  such  working  places 
shall  be  in  a  fit  state  for  working  and  passing  therein. 
R.S.O.  1897,  c.  36,  s.  69  (1). 

2.  In  every  working  mine  which  is  entered  by  a  shaft  p^f^16 
and  operated  to  a  greater  depth  than  100  feet,  and  in  every 
mine  which  is  entered  by  an  adit  or  tunnel  and  operated 

to  a  greater  distance  than  300  feet  from  the  entrance  to  the 
adit  or  tunnel,  it  shall  be  lawful  for  the  Inspector  to 
require  a  sufficient  number  of  portable  water-tight  privies 
to  be  provided  for  the  underground  employees  of  the  mine, 
and  such  privies  shall  be  taken  to  the  surface  and  thorough- 
ly cleansed  every  twenty-four  hours. 


CARE  OF  EXPLOSIVES. 


3.  No  magazine  for  powder,  dynamite  or  other  explosive  Magazine  for 
shall  be  erected  or  maintained  at  a  nearer  distance  than  exPl0Slves- 
four  hundred  feet  from  the  mines  and  works,  or  any  pub- 
lic highway,  except  with  the  written  permission  of  the  In- 
spector, and  every  such  magazine  shall  be  constructed  of 
materials  and  in  a  manner  to  insure  safety  against  explo- 
sion from  any  cause,  and  shall  be  either  so  situated  as  to 
interpose  a  hill  or  rise  of  ground  higher  than  the  magazine 
between  it  and  the  mine  and  works,  or  else  an  artificial 

mound  of  earth  as  high  as  the  magazine  and  situated  not 
more  than  30  feet  from  it  shall  be  so  interposed. 

4.  No  powder,  dynamite  or  other  explosive  shall  b«  where  expio- 
stored  underground  in  a  working  mine  in  excess  of  supply 

in  a  mine. 

for  24  hours.  It  shall  be  kept  in  securely  covered  and 
locked  boxes,  and,  where  thawed  underground,  it  shall  be 
kept  in  unused  parts  of  the  mine,  never  less  than  ten  feet 
from  lines  of  underground  traffic  nor  less  than  one  hundred 
and  fifty  feet  from  places  where  drilling  and  blasting  are 
carried  on,  and  shall  at  all  times  be  in  charge  of  a  specified 

man 


:88  Chap.  11. 


MINES. 


6  Edw.  VII 


man  fully  qualified  by  his  experience  to  take  charge  there- 
of. 

biasting°capsSe'  ^°  ^U8e»  blasting  caps,  electric  detonators,  or  any 
etc.  '  articles  containing  iron  or  steel  shall  be  stored  in  the  same 

magazine  with  powder,  dynamite  or  other  explosive,  nor 
at  a  less  distance  than  fifty  feet  from  such  magazine,  but 
they  shall  be  stored  in  a  covered  box  in  a  place  of  safety. 

Lighted  lamps     6.  Whenever  a  workman  opens  a  box  containing  an  ex- 

•or  candles  to       ,.  i         i       •  inii  i 

bekeptata  plosive,  or  when  he  m  any  manner  handles  the  same,  ho 
exp?osivesrom  shall  not  permit  any  lighted  lamp  or  candle  to  come  closer 
than  five  feet  to  such  explosive,  nor  permit  said  lamp  or 
candle  to  be  in  such  a  position  that  the  air  current  may 
convey  sparks  to  the  explosive,  and  a  workman  shall  not 
approach  nearer  than  five  feet  to  an  open  box  containing 
an  explosive  with  a  lighted  lamp,  candle,  pipe  or  any  other 
thing  containing  fire. 

inspection  of      7,  A.  thorough  daily  inspection  shall  be  made  of  the 

stores  of  cxplO"  •  •  •  • 

sivesin  a  mine,  condition  of  explosives  in  a  mine,  and  it  shall  be  the 
duty  of  the  manager,  captain  or  other  officer  in  charge 
of  the  mine  to  institute  an  immediate  investigation  when 
an  act  of  careless  placing  or  handling  of  explosives  is  dis- 
covered by  or  reported  to  him ;  and  any  employee  who 
commits  a  careless  act  with  an  explosive  or  where  explo- 
sives are  stored,  or  who,  having  discovered  it,  omits  or 
neglects  to  report  immediately  such  act  to  an  officer  in 
charge  of  the  mine,  shall  be  guilty  of  an  offence  against 
this  Act. 

Thawing  house  y.  A  proper  house  in  which  to  thaw  explosives  shall  be 
tor  explosives,  built  separate  from  the  other  mine  buildings,  and  shall  be 
equipped  with  suitable  apparatus  approved  by  the  Inspector 
for  thawing  explosives,  and  shall  be  under  the  direction 
of  the  mine  foreman  or  some  other  careful  and  experienced 
workman.  Whenever  deemed  necessary  by  the  Inspector 
a  proper  apparatus  for  use  in  the  mine  for  thawing  explo- 
sives shall  also  be  provided,  and  shall  be  used  under  the 
direction  of  the  mine  foreman  or  of  some  other  careful  and 
experienced  workman.  The  quantity  of  explosives 
brought  into  the  thawing  house  shall  not  at  any  time  ex- 
ceed the  requirements  of  the  mine  for  a  period  of  twenty- 
four  hours,  except  where  such  requirements  would  be  less 
than  one  hundred  pounds. 

to'be'used  hf^    ^'        cnar?in?  holes  for  blasting,  no  iron  or  steel  tool 
charging  noies.  or  rod  shall  be  used,  and  no  iron  or  steel  shall  be  used  in 
any  hole  containing  explosives. 

Missed  holes  to    10.  A  charge  which  has  missed  fire  shall  not  be  with- 
be reported.    drawn>  but  shall  be  blasted;  and,  in  case  the  missed  hole 
has  not  been  blasted  at  the  end  of  a  shift,  that  fact  shall  be 
reported  by  the  foreman  or  shift-boss  to  the  mine  captain 

or 


1906. 


MINES. 


Chap.  11 


89 


or  shift-boss  in  charge  of  the  next  relay  of  miners  before 

work  is  commenced  by  them. 

11.  All  drill  holes,  whether  sunk  by  hand  or  machine  size  of  arm 
drills,  shall  be  of  sufficient  size  to  admit  of  the  free  inser-  holes 
tion  to  the  bottom  of  the  hole  of  a  stick  or  cartridge  of 
powder,  dynamite  or  other  explosive,  without  lamming, 
pounding  or  pressure. 

12.  No  powder,  dynamite  or  other  explosive  shall  be  f^fhfaps 
used  to  blast  or  break  up  ore  in  roast  heaps  where  by  reason 

of  the  heated  condition  of  such  ore  or  otherwise  there  is 
any  danger  or  risk  of  premature  explosion  of  the  charge. 

PROTECTION  IN  WORKING  PLACES. 

13.  Every  underground  plane  on  which  persons  travel  ^ffnac°ing  0" 
which  is  self-acting,  or  worked  by  an  engine,  windlass  or  engine  planes 
gin,  shall  be  provided  at  intervals  of  not  more  than  twenty 

yards  with  sufficient  man-holes  for  places  of  refuge,  and 
every  such  plane  which  exceeds  thirty  yards  in  length 
shall  also  be  provided  with  some  proper  means  of  signal- 
ling between  the  stopping  places  and  the  end  of  the  plane. 

14.  Every  road  on  which  persons   travel   underground  [^^a's 
where  the  produce  of  the  mine  in  transit  ordinarily  exceeds 

ten  tons  in  any  one  hour  over  any  part  thereof  shall  be 
provided  at  intervals  of  not  more  than  one  hundred  yards 
with  sufficient  spaces  for  places  of  refuge,  each  of  which 
spaces  shall  be  of  sufficient  length,  and  of  at  least  three 
feet  in  width  between  the  waggons  running  on  the  tram- 
road  and  the  side  of  the  road,  and  the  Minister  of  Lands 
and  Mines  may,  if  he  sees  fit,  require  the  Inspector  to 
certify  whether  the  produce  of  the  mine  in  transit  on  the 
road  aforesaid  does  or  does  not  ordinarily  exceed  the  weight 
as  aforesaid,  and  such  certificate  shall  be  conclusive  as  to 
the  matters  therein  stated. 

15.  Every  man-hole  and  space  for  a  place  of  refuge  shall  ^|®p^leaT 
be  constantly  kept  clear,  and  no  person  shall  place  any- 
thing in  a  man-hole  or  in  such  space  in  such  a  position  as 

to  prevent  convenient  access  thereto. 

16.  Where  drifts  extend  from  a  shaft  in  opposite  direc-  protection  of 
tions  on  the  same  level,  a  safe  passage  way  and  standing  driftsmen 
room  for  workmen  shall  be  made  on  one  or  both  sides  of 

the  shaft  to  afford  protection  against  falling  material.  , 

17.  Where  a  shaft  is  being  sunk  below  levels  in  which  and  shafts 
work  is  going  on,  a  suitable  pentice  shall  be  provided  for 
protection  of  workmen  in  the  shaft. 

18.  The  top  of  every  shaft  shall,  unless  otherwise  directed  Fencing  of 
by  the  Inspector,  be  securely  fenced,  and  every  pit  or  open-  othefooeni  ngs 
ing  dangerous  by  reason  of  its  depth  shall  be  securely  fenced 

or  otherwise  protected. 

19 


90 


Chap.  11. 


MINES. 


6  Edw.  VII 


Guard  rails.        19   Guard  rails  shall  be  placed  round  the  shaft  openings 

on  every  level  of  the  mine. 

Timbering.  20.  Where  the  enclosing  rocks  are  not  safe  every  work- 
ing or  pumping  shaft,  adit,  tunnel,  stope  or  other  work- 
ing shall  be  securely  cased,  lined  or  timbered,  or  other- 
wise made  secure. 

water  fr°m  21.  Everv  working  mine  shall  be  provided  with  proper 
and  efficient  machinery  and  appliances  for  keeping  such 
mine  free  from  water,  the  accumulation  or  flowing  of 
which  might  injuriously  affect  any  other  mine. 

ASCENDING   AND   DESCENDING  SHAFTS. 

Division  «{  22.  Where  any  portion  of  a  shaft  is  used  for  the  ascent 
and  descent  of  persons  by  ladders  or  by  a  man  engine,  and 
another  portion  of  the  same  shaft  is  used  for  raising  the 
material  being  mined,  the  first  mentioned  portion  shall  be 
cased  or  otherwise  securely  fenced  off  from  the  last  men- 
tioned portion. 

conditions         23.  Workmen  may  not  be  lowered  or  hoisted  in  shafts, 

under  which         .  ,-,  i  i  •  »  •  t 

machinery  winzes  or  other  underground  openings  of  a  mine  under  any 
used ?o° lower   of  the  following  conditions:  — 

or  hoist  men  in  .  .    T     .       ,     ,        ,  .  .  , 

amine.  (a)  In  buckets,  skips  or  tubs; 

(6)  In  cages  which  are  not  provided  with  a  hood,  dogs 
and  other  approved  safety  appliances. 

(c)  In  cages  where  detaching  hooks  to  prevent  over- 

winding in  mines  of  upwards  of  1,000  feet  ver- 
tically in  depth  are  not  provided. 

(d)  Where  no  indications  other  than  marks  on  the  rope 

or  cable  are  used  to  show  to  the  person  who 
works  the  machine  or  hoisting  engine,  the  posi- 
tion of  the  cage  in  the  shaft. 

(e)  Where  the  rope  or  cable  passes  through  blocks 

instead  of  passing  over  a  sheave  of  diameter 
suited  to  the  diameter  of  the  rope  or  cable  and 
properly  mounted  on  a  secure  head-frame. 

JSe  todbe°£ep°tf  shall  be  the  duty  of  the  owner  of  every  mine  to  post 
posted.  and  maintain  at  the  mouth  of  the  shaft  or  other  conspicu- 

ous place  a  printed  copy  of  this  rule,  and  in  any  case  of 
accident  occurring  as  a  result  of  a  violation  of  this  rule 
the  owner  shall  not  be  liable  for  damages  except  upon 
proof  that  he  has  permitted  or  authorized  the  employment 
of  means  herein  prohibited  for  raising  and  lowering  work- 
men in  a  mine,  or  that  a  suitable  manway  has  not  been 
provided. 

shifts  otImoo  ^4.  Whenever  a  mine  shaft  exceeds  four  hundred  feet 
feet  deep.       vertically  in  depth,  a  safety  cage  shall  be  provided,  kept 

and  Used  for  raising  and  lowering  men  in  the  shaft,  unless 

otherwise  directed  by  the  Inspector. 

25. 


1906. 


MINES. 


Chap.  11  91 


25.  Unless  with  the  written  permission  of  the  Inspec-  skipways. 
tor,  skipways  shall  be  provided  with  back  timbers  to  pre- 
vent skips  leaving  the  track  where  such  skipways  are  in- 
clined at  more  than  45  degrees  from  the  horizon. 

26.  Hoisting  with  horse  and  pulley-block  is  forbidden  j^"°fdwith 
where  the  depth  of  a  shaft  is  more  than  seventy-five  feet,  pulley  block. 
No  open  hook  shall  be  used  in  hoisting. 

27.  There  shall  be  on  the  drum  of  every  machine  used  slipping  of 

pi  •  .  .  i     n  i  j  rope  on  drum. 

for  lowering  or  raising  persons  such  flanges  or  horns,  and 
also,  if  the  drum  is  conical,  such  other  appliances  as  may 
be  sufficient  to  prevent  the  rope  from  slipping. 

28.  There  shall  be  attached  to  every  hoisting  machine  Brake, 
a  brake  adequate  to  hold  at  any  point  in  the  shaft  the 
weight  when  filled  with  ore  of  the  skip,  bucket  or  other 
vessel  used  for  hoisting  or  lowering,  and  also  in  any  shaft 

of  greater  depth  than  200  feet  there  shall  be  a  geared  in- 
dicator (in  addition  to  any  mark  on  the  rope)  which  will 
show  to  the  person  who  works  the  machine  the  position  of 
the  cage  or  load  in  the  shaft. 

29.  No  person  shall  ride  upon  or  against  any  loaded  ^"f^rs 
car  in  any  level,  drift  or  tunnel  in  or  about  any  mine.  etc. 

SCALING,  ESCAPEMENT  SHAFTS,  ETC. 

30.  It  shall  be  the  duty  of  the  Manager,  Captain  or  other  Daily  examina- 
competent  officer  of  every  mine  to  examine  at  least  once  tl0n 
every  day  all  working  shafts,  levels,  stopes,  tunnels,  drifts, 
crosscuts,   raises,   signal  apparatus,   pulleys  and  timber- 
ing in  order  to  acertain  that  they  are  in  a  safe  and  effi- 
cient workinsr  condition,  and  to  inspect,  and  scale  or  cause 

to  be  inspected  and  scaled,  the  walls  and  roofs  or  all 
stopes  or  other  working  places  at  least  once  every  week. 

31.  The  owner,  operator  or  superintendent  of  every  mine  stretchers  for ■ 
where  six  or  more  men  are  employed  in  underground  work  ^"Jred^er-0* 
shall  maintain  a  properly  constructed  stretcher  for  the  sons- 
purpose  of  conveying  to  his  place  of  abode  any  person  who 

may  be  injured  while  in  the  discharge  of  his  duties  at  such 
niine. 

32.  Every  person,  company  or  corporation  who  has  sunk  Escapement 
on  any  mine  a  vertical  or  incline  shaft  to  a  greater  depth  shafts- 
than  100  feet,  where  the  top  of  such  shaft  is  covered  or 
enclosed  by  a  building  which  is  not  fire-proof,  and  who 

has  drifted  a  distance  of  200  feet  or  more  from  the  shaft 
and  has  commenced  to  stope,  shall  provide  and  maintain 
to  the  hoisting  shaft  or  the  opening  through  which  men 
are  let  into  or  out  of  the  mine  and  the  ore  is  extracted, 
a  separate  escapement   shaft    or   opening.      If  such  an 

escapement 


92 


Chap.  11. 


MINES. 


6  Edw.  VII 


Buildings  not 
to  be  erected 
nearer  than 
50  feet  to  the 
month  of  a 
mine. 


Old  timber  to 
be  removed. 


Storing  oils, 
etc. 


Signalling. 


Code  of  signals. 


escapement  shaft  or  opening  is  not  in  existence  at  the 
time  that  stoping  is  commenced  work  upon  such  escape- 
ment shaft  or  opening  must  be  begun  as  soon  as  stop- 
ing is  commenced,  and  must  be  diligently  prosecuted 
until  the  same  is  completed,  and  the  said  escapement  shaft 
or  opening  shall  be  continued  to  and  connected  with  the 
lowest  workings  in  the  mine.  The  escapement  shaft  or 
opening  herein  provided  for  must  be  of  sufficient  size  to 
afford  an  easy  passage  way,  and  if  it  is  an  upraise  or  shaft 
it  must  be  provided  with  good  and  substantial  ladders 
from  the  deepest  workings  to  the  surface.  With  the  ex- 
ception of  any  erection  used  solely  as  a  shaft-house,  no 
permanent  building,  for  any  purpose,  shall  hereafter  be 
erected  within  fifty  feet  of  the  mouth  of  a  mine. 

33.  All  old  timber  not  in  use  to  sustain  the  roof  or  walls 
or  any  part  of  a  mine  shall  as  soon  as  practicable  be  taken 
from  the  mine  and  shall  not  be  piled  up  and  permitted  to 
decay  therein. 

34.  All  oils  and  other  inflammable  materials  shall  be 
stored  or  kept  in  a  building  erected  for  that  purpose,  and 
at  a  safe  distance  from  the  powder  magazine  and  from 
the  main  buildings,  and  their  removal  from  said  building 
for  use  shall  be  in  such  quantities  only  as  are  necessary  to 
meet  the  requirements  of  one  day. 

35.  Every  working  shaft  in  which  persons  are  raised 
which  exceeds  100  feet  in  depth  shall  unless  exempted  in 
writing  by  the  Inspector,  be  provided  with  guides  and 
some  proper  means  of  communicating  by  distinct  and 
definite  signals  from  the  bottom  of  the  shaft,  and  from 
every  level  for  the  time  being  in  work  between  the  surface 
and  the  bottom  of  the  shaft  to  the  surface,  and  also  of 
communicating  from  the  surface  to  the  bottom  of  the 
shaft,  and  to  every  level  for  the  time  being  in  work  be- 
tween the  surface  and  the  bottom  of  the  shaft. 

36.  All  methods  of  signalling  in  a  mine  shall  be  printed 
and  posted  up  in  the  engine  house  or  hoist  house  and  also 
at  the  top  of  the  shaft  and  at  the  entrance  of  each  level. 
The  following  code  of  mine  signals  shall  be  used  at  every 


mine  : 


Code  of  Mine  Signals. 


One  bell   Stop  immediately — if  in  motion. 

One  bell   Hoist. 

Two  bells   Lower. 

Three  bells   Hoist  men  slowly. 

Four  bells   Blasting  signal.  Engineer  must  an- 
swer by  raising  bucket  or  cage  a  few 
feet  and  letting  it  back  slowly,  then 
one  bell,  hoist  men  away  from  blast. 

Five 


1906. 


MINES. 


Chap.  11  93 


Five  bells   Steam  on. 

Six  bells   Steam  off. 

Seven  bells   Air  on. 

Eight  bells   Air  off. 

3 — 2 — 2  bells  Send  down  drills. 

3 — 2 — 3  bells...  Send  down  picks. 

Nine  bells  Danger  signal,  in  case  of  fire  or  other 

danger.    Then  ring  number  of  station 
where  danger  exists. 

37.  A  proper  foot-way  or  ladder,  inclined  at  the  most  con-  Ladders  and 
venient  angle  which  the  space  in  which  the  ladder  is  fixed  Platforms- 
allows,  shall  be  provided  in  every  working  shaft,  and  every 

such  ladder  in  a  working  shaft  shall  have  a  substantial  plat- 
form at  intervals  of  not  more  than  twenty  feet,  and  no  such 
ladder  shall  be  fixed  for  permanent  use  in  a  vertical  or  over- 
hanging position,  and  all  ladders  in  shafts  shall  project 
at  least  two  feet  above  the  platform,  and  all  hold-fasts  shall 
be  of  iron  securely  fixed  in  the  shaft  casing.  The  said 
platform  shall  be  closely  covered,  with  the  exception  of  an 
opening  large  enough  to  permit  the  passage  of  a  man's 
body,  and  shall  be  so  arranged  that  it  would  not  be  possible 
for  a  person  to  fall  from  one  ladder  through  the  opening 
to  the  ladder  below. 

38.  If  more  than  ten  persons  to  each  shift  are  ordinarily  Dressing  room, 
employed  in  the  mine  below  ground,  sufficient  accommoda- 
tion, including  supplies  of  pure  cold  and  warm  water  for 
washing  shall  be  provided  above  ground  near  the  principal 
entrance  of  the  mine,  and  not  in  the  engine  room  or  boiler 

room,  for  enabling  the  persons  employed  in  the  mine  to 
conveniently  dry  and  change  their  clothes. 

39.  Every  fly-wheel  and  all  exposed  and  dangerous  parts  Fencing 
of  the  machinery  used  in  or  about  the  mine  shall  be  kept  machmery- 
securely  fenced. 

40.  Every  steam  boiler  shall  be  provided  with  a  steam  Gauges  and 

-i  i  i  l  ,  •     n    safety  valves 

gauge    and  a  proper  water  gauge  to    snow  respectively  for  boilers, 
the  pressure  of  steam  and  the  height  of  water  in  the  boiler, 
and  with  a  proper  safety  valve. 

41.  At  least  once  in  every  six  months  every  boiler  shall  cleansing  and 
be  thoroughly  cleansed,  and  at  least  once  in  every  t welve testing bouers- 
months  every  boiler  shall  be  subjected  to  an  examination 

and  hydraulic  test  by  a  competent  person.  The  test  of 
working  boilers  shall  be  equal  to  one  and  a  half  times  the 
pressure  at  which  the  safety  valve  blows  off. 

42.  No  person  shall  wilfully  damage,  or  without  proper  wilful  damage, 
authority  remove  or  render  useless,  any  fencing,  casing, 

lining,  guide,  means  of  signalling,  signal,  cover,  chain, 
flange,  horn,  brake,  indicator,  ladder,  platform,  steam- 
gauge,  water-gauge,  safety-valve,  or  other  appliance  or 
thing  provided  in  any  mine  in  compliance  with  this  Act. 

43. 


94  Chap.  11. 


MINES. 


6  Edw.  VII 


instructions  43.  Instructions  and  rules  required  to  be  posted  in  or 
posted.  about  a  mine  under  the  authority  of  this  Act  shall  be  writ- 
ten or  printed  in  the  language  or  languages  most  familiar 
to  the  workmen  employed  at  the  mine,  and  it  shall  be  the 
duty  of  the  owner  or  agent  of  the  mine  to  maintain  such 
instructions  and  rules  duly  posted,  and  the  removal  or  de- 
struction of  them  shall  be  an  offence  against  this  Act. 

Blasting  on  44.  In  case  parties  working  contiguous  or  adjacent  claims 
claims.  disagree  as  to  the  time  of  setting  off  blasts,  either  party  may 
appeal  to  an  Inspector,  who  shall  decide  upon  the  time  at 
which  blasting  operations  thereon  may  be  performed,  and 
the  decision  of  such  Inspector  shall  be  final  and  binding 
upon  such  parties,  and  shall  be  duly  observed  by  them  in 
future  blasting  operations.      63  V.  c.  13,  s.  22. 

changesfin  ^06.  Where  mining  operations  have  been  commenced 
connection      upon  any  claim,  location  or  works  in  the  Province,  or  where 

with  the  work-        ■•  ,  .  1  •.  -i .  j  •         j  i  i 

ingofamine  such  operations  have  been  discontinued,  or  where  such 
u^officers30!^  operations  have  been  re-commenced  after  an  abandonment 
or  discontinuance  for  a  period  exceeding  two  months,  or 
where  any  change  occurs  in  the  name  of  a  mine  or  in  the 
name  of  the  owner  or  agent  thereof,  or  in  the  officers  of  any 
incorporated  company  which  is  the  owner  thereof,  the  owner 
or  agent  of  such  mine,  claim,  location  or  works  shall  give 
notice  thereof  to  the  Deputy  Minister  within  two  months 
after  such  abandonment,  discontinuance,  re-commencement 
or  change,  and  if  such  notice  is  not  given  the  owenr  or 
agent  shall  be  guilty  of  an  offence  against  this  Act. 

Notice  of  Accidents. 

*2$ie£j$Zh      207.  Where  in  or  about  any  mine  to  wnich  this  Act 

dents  in  mines  .      .  .     J  .  . . « 

tobejsentto  appJies,  whether  above  or  below  ground,  loss  of  life  or  any 
Minister  serious  personal  injury  to  any  person  employed  in  or  about 
the  mine  occurs  by  reason  of  any  accident  whatever,  the 
owner  or  agent  of  the  mine  shall  within  twenty-four 
hours  next  after  the  explosion  or  accident  send  notice  in 
writing  of  the  explosion  or  accident,  and  of  the  loss  of  life, 
or  personal  injury  occasioned  thereby,  to  the  Deputy  Min- 
ister, and  shall  specify  in  such  notice  the  character  of  the 
explosion  or  accident,  and  the  number  of  persons  killed  and 
injured,  respectively.     R.S.O.  1897,  c.  36,  s.  71. 

Special  report.  208.  The  Minister  may,  at  any  time,  direct  an  Inspector 
to  make  a  special  report  with  respect  to  any  accident  in  or 
about  any  mine  which  has  caused  loss  of  life  or  personal  in- 
jury to  any  person,  and  in  such  case  shall  cause  such  report 
to  be  made  public  at  such  time  and  in  such  manner  as  he 
thinks  expedient;  and  in  conducting  an  inquiry  into  the 
cause  of  loss  of  life  or  of  personal  injury  to  any  person  in  or 
about  a  mine,  the  Inspector  shall  have  power  to  take  evi- 
dence upon  oath.     R.S.O.  1897,  c.  36,  s.  72. 

Offences 


1906.  .    mines.  Chap.  11  95 

Offences  and  Penalties. 

209.— (1)  Every  person,  not  authorized  by  this  Act  so  to  Sving°post 
do,  who,  contrary  to  the  provisions  of  this  Act,  wilfully  etc. 
defaces,  alters,  removes  or  disturbs  any  post,  stake,  picket, 
boundary  line  or  other  mark  placed,  standing  or  made,  or 
any  figure  or  writing  by  law  directed  or  permitted  to  be 
thereon  under  the  provisions  of  this  Act,  or  who  attempts 
so  to  do,  on  conviction  thereof,  shall  incur  a  fine  not  exceed- 
ing .$20  and  costs,  and,  in  default  of  payment,  may  ba 
imprisoned  for  a  period  not  exceeding  one  month. 

(2)  Any  person  contravening  the  provisions  of  this  Act,  PenaUyjor^ 
or  any  rule  or  regulation  made  under  it,  in  any  case  where  of  Act. 

no  other  penalty  or  punishment  is  imposed,  shall  for  every 
day  on  which  such  contravention  occurs,  or  continues,  or 
is  repeated,  incur  a  fine  of  not  more  than  $20  and  costs, 
and,  in  default  of  payment,  may  be  imprisoned  for  a  period 
not  exceeding  one  month.      R.S.O.  1897,  c.  36,  s.  74. 

(3)  Every  person  who  pulls  down,  injures  or  defaces  any  punisnmentfor 
rules,  notice  or  abstract  posted  up  by  the  owner  or  agent  notices.6 

of  a  mine  shall  be  guilty  of  an  offence  against  this  Act. 
R.S.O.  1897,  c.  36,  s.  75. 

(4)  Every   person   who  wilfully  obstructs   the   Mining  Penalty  for 
Commissioner  or  any  officer  appointed  under  the  authority  the'inspector. 
of  this  Act  in  the  execution  of  his  duty  under  this  Act,  and 

every  owner  or  a-gent  of  a  mine  who  refuses  or  neglects  to 
furnish  to  the  Mining  Commissioner,  or  any  person 
appointed  by  him,  or  to  any  officer  appointed  under  this 
Act,  the  means  necessary  for  making  an  entry,  inspection, 
examination  or  inquiry  under  this  Act  in  relation  to  any 
mine  in  any  way  within  the  control  of  such  owner  or  agent, 
shall  be  deemed  to  be  guilty  of  an  offence  against  this  Act. 
R.S.O.  1897,  c.  36,  s.  76. 

(5)  The  Mining  Commissioner  and  every  officer  appointed  Mining  Com- 
under  the  authority  of  this  Act  may  convict  upon  view  of  ™nvtetonmay 
any  of  the  offences  punishable  under  the  provisions  of  this  view- 

Act  or  any  Regulation  made  thereunder.      R.S.O.  1897, 
e.  36,  s.  82. 

(6)  Any  person  not  authorized  by  this  Act  so  to  do  who  penalty  for 
marks  or  stakes  out  a  mining  claim  in  whole  or  in  part,  or  ^l^^0Tized 
attempts  to  do  so,  shall  be  guilty  of  an  offence  against  this 

Act. 


210.  Where  work  of  anj  sort  in  or  about  a  mine  is  let  Responsibility 
to  a  contractor,  he  shall  observe  and  carry  out  all  the  pro-  pre°yentactor  t( 
visions  of  this  Act  for  the  prevention  of  accidents,  and  if accidents- 
he  contravenes  any  of  such  provisions  he  shall  be  guilty 
of  an  offence  against  this  Act  and  shall  be  liable  to  the 

same 


96  Chap.  11. 


MINES. 


6  Edw.  VII 


same  penalties  and  may  be  proceeded  against  in  the  same 
way  and  to  the  same  extent  and  effect  as  if  he  were  an 

owner  or  agent.     R.S.O.  1897,  c.  36,  s.  77. 

o^rSesto^e11  Every  person  who  contravenes  or  does  not  comply 

an  offence.  with  any  of  the  general  rules  contained  in  section  205  shall 
be  guilty  of  an  offence  against  this  Act,  and  in  the  event 
of  any  contravention  of  or  non-compliance  with  any  of  the 
said  general  rules  in  the  case  of  any  mine  to  which  this 
Act  applies  by  any  person  whomsoever  being  proved,  the 
owner  and  agent  of  such  mine,  and  any  contractor  and 
foreman  employed  in  or  about  such  mine,  shall  each  be 
guilty  of  an  offence  against  this  Act  unless  such  contrac- 
tor or  foreman  proves  that  he  had  taken  all  reasonable 
means  to  prevent  such  contravention  or  non-compliance 
by  publishing  and  to  the  best  of  his  power  enforcing  the 
said  rules  as  regulations  for  the  working  of  the  mine. 
R.S.O.  1897,  c.  36,  s.  78. 


Where 
employees 
deemed 
guilty. 


212.  Every  person  other  than  the  owner  or  agent  em- 
ployed in  or  about  a  mine  who  is  guilty  of  any  act  or 
omission  which  in  the  case  of  the  owner  or  agent  would 
be  an  offence  against  this  Act,  shall  be  deemed  to  be  guilty 
of  an  offence  against  this  Ac.t.    R.S.O.  1897,  c.  36,  s.  79. 


Penalties. 


213.  Every  owner  or  agent  guilty  of  an  offence  against 
this  Act  shall  be  liable  to  a  penalty  not  exceeding,  except 
as  in  this  section  hereinafter  provided,  fifty  dollars,  and 
any  other  person  guilty  of  an  offence  against  this  Act 
aforesaid  shall  be  liable  to  a  penalty  not  exceeding,  ex- 
cept as  in  this  section  hereinafter  provided,  ten  dollars ; 
provided  that  if  the  Deputy-  Minister,  a  Mining  Recorder 
or  an  Inspector  has  given  written  notice  of  anv  such  offence 
having  been  committed,  every  such  owner,  agent  or  other 
person  shall  be  liable  to  a  further  penaltv  not  exceeding 
five  dollars  for  everv  dav  that  such  offence  continues  after 
such  notice.     R.S.O.  1897,  c.  36,  s.  80. 


Prosecution  of 
owner  or 
agent. 


214.  No  prosecution  shall  be  instituted  against  the  owner 
or  agent  of  a  mine  to  which  this  Act  applies  for  any 
offence  under  this  Act  except  by  an  Inspector,  or  by  the 
County  or  District  Crown  Attorney,  or  with  the  consent 
in  writing  of  the  Attorney-General ;  and  in  case  the  owner 
or  agent  of  a  mine  is  charged  with  an  offence  under  this 
Act  he  shall  not  be  found  guilty  thereof  if  he  proves  that 
he  had  taken  all  reasonable  means  to  prevent  the  commis- 
sion thereof,  and  an  Inspector  shall  not  institute  any  pro- 
secution against  an  owner  or  agent  if  satisfied  that  he  had 
taken  such  reasonable  means  as  aforesaid.  R.S.O.  1897, 
c.  36,  s.  81. 

215 


1906. 


MINES. 


Chap.  11  97 


215.  All  prosecutions  for  the  punishment,  of  any  offence  *IhLJ1c'her  in 
under  this  Act  except  under  section  77   may  take  place  prosecution 
before  any  two  or  more  of  His  Majesty's  Justices  of  the£iRcetake 
Peace  having  jurisdiction   in   the   County  or  district  in 
which  the  offence  is  committed,  or  before  a  Police  or  Sti- 
pendiary Magistrate,  or  before  the  Mining  Commissioner,  Rev.  stat., c.9» 
under  the  provisions  of  The  Ontario  Summary  Convictions 

Act.    R.S.O.  1897,  c.  36,  s.  83. 

216.  Any  complaint  or  information  made  or  laid  in  pur-  Limitation  of 
suance  of  this  Act  shall  be  made  or  laid  within  three  1™ form0"/ 
months  from  the  time  when  the  matter  of  such  complaint  information, 
or  information  respectivelv  arose,  and 

1.  The  description  of  any  offence  under  this  Act  ija  the 

words  of  this  Act  shall  be  sufficient  in  law. 

2.  Any  exception,  exemption,  proviso,  excuse  or  quali- 

fication, whether  it  does  or  does  not  accompany 
the  description  of  the  offences  in  this  Act,  may 
be  proved  by  the  defendant,  but  need  not  be 
specified  or  negatived  in  the  information,  and 
if  so  specified  or  negatived  no  proof  in  relation 
to  the  matter  so  specified  or  negatived  shall  be 
required  on  the  part  of  the  prosecutor  or  inform- 
ant.   R.S.O.  1897,  c.  36,  s.  84. 

217.  Nothing  in  this  Act  shall  prevent  any  person  f rom  prosecution 
being  indicted  or  liable  under  any  other  Act  or  otherwise  £?tger  other 
to  any  other  or  higher  penalty  or  punishment  than  is  pro- 
vided for  any  offence  by  this  Act,  provided  that  he  shall 

not  be  punished  twice  for  the  same  offence.     R.S.O.  1897, 
c.  36,  s.  85. 

218.  If  the  Court  before  whom  a  person  is  charged  with.  Where  prosecu. 
an  offence  under  this  Act  thinks  that  proceedings  ought  tion  should  be 

iii  •     i        i_  <•  i_     re  j  under  another 

to  be  taken  against  such  person  for  such  onence  under  any  Act. 
other  Act  or  otherwise,  the  Court  may  adjourn  the  case  to 
enable  such  oroeeedings  to  be  taken.    R.S.O.  1897,  c.  36, 
s.  86. 

As  to  Stealing  Ore  and  Proving  Title  Thereto. 

219.  The  burden  of  proving  that  ore  or  mineral  in  the  gur(jen  0f  pr00f 
possession  of  any  person  charged  with  having  stolen  the  as  to  ore  alleged 

/>  •>    r  l-iiiPi  i   i  ,   i       to  have  been 

same,  or  of  any  person  on  ins  behalf,  has  not  been  stolen  stolen, 
shall  be  and  rest  upon  the  person  in  whose  possession  they 
may  be  found,  or  on  whose  behalf  they  are  held,  as  the  case 
may  be. 

220.  All  fines  and  penalties  imposed  or  payable  under  Finea  recover. 
this  Act  may  be  recovered  by  distress  and  sale  of  any  aWe  by  distress 
mining  or  other  personal  property  of  the  offender,  and  in 

default  of  sufficient  distress  by  imprisonment,  with  or  with-    sV,  sf'iss. 
out  hard  labour,  not  exceeding  three  months. 

221 

7s. 


98  Char,.  11. 


MINES. 


6  Edw.  VII 


f^,psDlaities  221.  Fees,  penalties  and  tines  received  under  this  Act, 
and  fines.  an(j  ^e  costs  of  all  such  convictions  as  take  place  before 
the  Mining  Commissioner,  a  Mining  Recorder,  an  Inspector 
or  Magistrate  appointed  under  this  Act,  shall  form  part 
of  the  Consolidated  Revenue  Fund  of  this  Province,  and 
be  accounted  for  and  dealt  with  accordingly;  and  the  ex- 
penses of  carrying  this  Act  into  effect  in  any  mining  divi- 
sion shall  be  paid  by  the  Lieutenant-Governor  out  of  the 
said  Consolidated  Revenue  Fund.  R.S.O.  1897,  c.  36, 
s.  87. 

Repealing  Clause. 


Acts  and  regu- 
lations re- 
pealed. 


Proviso 


222.  The  Acts  and  parts  of  Acts  mentioned  in  this  sec- 
tion, together  with  all  regulations  made  thereunder,  shall 
stand  repealed  and  be  repealed,  except  as  hereinbefore  pro- 
vided ;  but  such  repeal  shall  not  be  deemed  to  imply  that 
any  of  the  said  Acts  or  parts  of  Acts  which  have  been 
repealed  at  any  time  prior  to  the  passing  of  this  Act  have 
been  in  force  since  such  repeal ; 

Provided  that  such  repeal  shall  not  affect  any  rights 
acquired  or  any  liabilities  or  penalties  incurred,  or  any  act 
or  thing  done,  under  any  of  the  said  Acts  or  parts  of  Acts 
or  regulations  made  thereunder: — The  Mines  Act  (R.S.O. 
1897,  Chapter  36),  60  Vict.,  Chapter  8;  61  Vict.,  Chapter 
11;  62  Vict.  (2),  Chapter  10;  63  Vict.,  Chapter  13;  5  Ed- 
ward VII.,  Chapter  9. 


SCHEDULE. 

The  Mines  Act,  1906. 
Appendix  of  Forms. 

1.  Certificate  of  Record  of  staking  out  of  Mining  Claim.  (See 

sec.  58.) 

2.  Miner's  License;     (See  sec.  88.) 

3.  Renewal  of  Miner's  License.     (See  sec.  92.) 

4.  Transfer  of  an  unpatented  Mining  Claim.     (See  sec.  118.) 

5.  Application  to  Mining  Recorder  to  Stake  Out  an  Area  for  Work- 

ing Permit.     (See  sec.  141,  par.  11.; 
f>.  Affidavit  to  accompany  application  for  "Working  Permit.  (See 
sec.  141,  par.  11.) 

7.  Certificate  of  Mining  Recorder  of  application  for  Working  Per- 

mit.     (See  sec.  141,  par.  12.) 

8.  Working  Permit.      (See  sec.  141,  par.  13.) 

9.  Notiee  to  be  posted  by  Mining  Recorder  in  his  office  of  applica- 

tion for  a  Working  Permit.      (See  sec.  146.) 

10.  Notice  by  Mining  Recorder  of  hearing  of  dispute  in  reference 

to  non-compliance  by  a  licensee  with  the  provisions  of  The 
Mines  Art,  1906,  referable  to  a  Working  Permit.  (See  sec. 
149.) 

11.  Transfer  by  a  licensee  of  his  interest  in  an  area  under  a  Work- 

ing Permit.      (See  sec.  151.) 

12.  Renewal  of  Working  Permit.      (See  sec.  152.) 

7a  s.  .  13_ 


1906.  mines.  Chap.  11 

13.  Application  to  record  the  Staking  out  of  a  Mining  Claim.  See 

sec.  156.) 

14.  Affidavit  of  Discovery.     (See  sec.  157.) 

15.  Application  by  a  Licensee  for  a  Free  Grant.     (See  sec.  156.) 

16.  Affidavit  by  a  licensee  to  accompany  an  application  for  a  Free 

Grant.     (See  sec.  157.) 

17.  Report  by  licensee  to  Mining  Recorder  of  performance  of  work. 

(See  sec.  161.) 

18.  Affidavit  verifying  report  of  performance  of  working  conditions. 

(See  sec.  16*2  (1) ). 

19.  Notice  by  licensee  to  a  Mining  Recorder  of  intention  to  perform 

on  one  mining  claim  work  intended  to  be  applicable  to  con- 
tiguous claims  held  by  'same  licensee.     (See  sec.  163.) 

20.  Notice  by  licensee  of  abandonment  of  a  mining  claim.     (See  sec. 

165.) 

21.  Application  for  patent  of  a  mining  claim  to  the  Mining  Re- 

corder of  Mining  Division.     CSee  sec.  169.) 

22.  Application  for  a  Prospecting  Permit.      (See  sec.  181  (1) ). 

23.  Affidavit  to  accompany  application  for  Prospecting  Permit.  (See 

sec.  181  (1)). 

24.  Prospecting  Permit.      (See  sec.  181  (2) ). 

25.  Transfer  bv  a  licensee  of  his  interest  in  a  Prospecting  Permit. 

(See  sec'  181  (10) ). 

26.  Certificate  of  a  Mining  Partnership.      (See  sec.  185  (4) ). 

27.  Revocation  of  appointment  of  an  Agent  of  a  Mining  Partner- 

ship.    (See  sec.  185  (9) ). 

28.  Certificate  of  a  Mining  Partnership  appointing  a  new  Agent  in 

place  of  one  deceased.     (See  sec.  185  (9) ). 
20.  Transfer  of  a  share  of  a  partner  in  a  Mining  Partnership.  (See 
sec.  185  (11) ). 

30.  Dissolution  of  a  Mining  partnership.     (See  sec.  185  (12) ). 

31.  Affidavit  verifying  documents  relating  to  the  incorporation  of 

a  Mining  Company.     (See  sec.  186  (3) ). 
32   Certificate  of  performance  of  working  conditions.      (See  sec. 
162  (2) ). 


(Coat  of  Arms.) 
THE  MINES  ACT.  1906. 
Form  No.  1.      (See  sec.  58.) 

Province  of  Ontario. 

Department  of  Lands,  Forests  and  Mines. 

No  Fee  $ 

Certificate  of  Record  of  Staking  Out  of  Mining  Claim. 

I  hereby  certify  that  I  have  this  day  granted  to  of 
the  holder  of  miner's  license  No.  ,  dated 

day  of  190    ,  (issued  by  the  Mining 

Recorder   of   the  Mining  Division),   a    certificate  of  , 

record  of  mining  claim  No.  ,  known  as  containing 

acres,  more  or  less. 
Dated  at  this  day  of  190 

Mining  Recorder  of  Mining  Division. 

(Coat 


100 


Chap.  11. 


MINES. 


6  Edw.  VII 


Form  No  2 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 
(See  Section  88.) 
Province  of  Ontario. 
Department  of  Lands,  Forests  and  Mines.. 
No.  Fee  $ 

(Name  of  place  of  issue  and  date  of  issue.) 

190 

Miner's  License. 

This  License  is  issued  to  called  the 

Licensee,  of  the  of  in  consideration  of 

the  payment  of  a  fee  of  dollars,  under  and  subject  to 

the  provisions  of  The  Mines  Act,  1906,  to  be  in  force  until  and  in- 
cluding the  31st  day  of  March  next  succeeding  the  date  hereof,  and 
is  not  transferable. 

Mining  Recorder  of  Mining  Division. 


Stub  for  Form  No.  2. 

(Stub.) 

Miner's  License. 

No.-  Fee  $ 

Name  of  Mining  Division 

Name  of  licensee 

Of 

Date  of  issue 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 

Form  No.  3.      (See  section  92.) 

Province  of  Ontario. 
Department  of  Lands,  Forests  and  Mines. 

No-  Fee  $ 

(Name  of  place  of  issue  and  date  of  issue.) 

190 

Renewal  of  Miner's  License. 

This  renewal  of  Miner's  License  No.  issued  by  the  Mining 

Recorder  of  Mining  Division,  on  the 

day  of  190         ,  to  of 

called  the  licensee,  is  issued  to  the  licensee 
in  consideration  of  the  payment  of  the  fee  of  dollars, 
and  under  and  subject  to  the  provisions  of  The  Mines  Act,  1906. 
renews  the  said  license  until  and  including  the  31st  day  of  March 
next  succeeding  the  date  hereof,  and  is  not  transferable. 

Mining  Recorder  of  Mining  Division. 

Stub 


1906. 


MINES. 


Chap.  11 


Stub  for  Form  No.  3. 

Renewal  of  Miner's  License. 
No.  Fee  $ 

No.  of  Renewal 
Name  of  Licensee 
Name  of  Mining  Division 
Date  of  issue  of  original  License 
Date  of  issue  of  Renewal 


(Coat  of  Arms.) 

THE  MINES  ACT,  1906. 

Form  No.  4.     (See  section  118.) 

Department  of  Lands.  Forests  and  Mines. 

Transfer  of  an  Unpatented  Mining  Claim. 

The  undersigned,  holder  of  miner's  license  No.  issued 
by  the  Mining  Recorder  of  Mining  Division, 

in  consideration  of  the  sum  of  dollars  (receipt  whereof  is 

hereby  acknowledged),  doth  hereby  transfer  to 

holder  of  miner's  license  No.  issued  by  the  Mining  Re- 

corder of  Mining  Division  (a)  the  interest 

of  the  undersigned  in  Mining  Claim  No.  .  in  the  Mining 
Division,  particularly  described  as  follows : 

Dated  at  this  day  of  190 

Witness.  Signature  of  Transferor 

County  (or  District)  of      {  I'  .     °f  the 

To  wit:       °*  ,  lnthe 

)  make  oath  and  say  : 

1.  That  I  know  ,     the  above-named  trans- 

feror, and  was  present  and  saw  the  above  transfer  of  mining  claim 
duly  signed  and  executed  by  the  said  transferor  at 
in  the  of  on  the 

day  of  190 
Sworn  before  me  at  the 
of 

in  the 
of 

this  day  of 

A.D.  190 

(a)  State  interest. 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 
Form  No.  5.     (See  sec.  141,  par.  11.) 

Department  of  Lands.  Forests  and  Mines. 
Application  to  Mining  Recorder  to  stake  out  an  area  for 
Working  Permit. 
The  undersigned  of  holder  of  miner's  license 

No.  dated  the  day  of  190  #  , 

issued  by  the  Mining  Recorder  of  the  Mining 
Division  hereby  applies  to  the  Mining  Recorder  of  the 
Mining  Division  for  a  working  permit  of  the  area  consisting  of 
acres,  more  or  less,  according  to  the  sketch  or  plan 
attached  hereto,  more  particularly  described  as  f ollews : 

The  area  was  staked  out  and  the  lines  cut  and  blazed  on  the 

day  of  190      ,  and  the  name  by  which 

the  said  area  may  be  known  is 

Datel  at  this  day  of  190 

Signature  of  licensee  in  full. 
Post  office  address  of  Licensee. 

(Coat 


10i> 


Chap.  11. 


MINES. 


6  Edw.  VII 


(Coat  of  Anus.) 
THE  MINES  ACT,  1906. 
Form  No.  6.      (See  sec.  141,  par.  11.) 

Department  of  Lands.  Forests  and  Mines. 
Affidavit  to  Accompany  Application  for  Working  Permit. 


County  (or  District)  of 
To  Wit : 


I,  of  the 

of  in  the 

of 

holder  of  Miner's  license  No. 
dated  190  day  of 

issued  by  the  Mining  Recorder  of 
Mining  Division,  make  oath  and  say: 

1.  That  the  sketch  or  plan  hereto  attached  is  correct  and  correctly 
shows  the  location  of  the  posts  referred  to  in  the  annexed  applica- 
tion for  working  permit,  and  their  distances  from  each  other  in  feet 
and  inches,  and  all  the  statements  and  particulars  set  out  in  said 
application  are  true  and  correct. 

2.  That  I  have  no  knowledge  of  and  have  never  heard  of  any  ad- 
verse claim  to  the  said  area  described  in  the  said  application  for 
working  permit,  by  reason  of  discovery  of  valuable  mineral,  improve- 
ment, occupation  or  otherwise. 

3.  That  the  application  for  said  working  permit  is  made  on  behalf 
of  of  the  of 

in  the  of  ,  holder  of  miner's 

license  No.  dated  the  day  of  190  , 

issued  by  the  Mining  Recorder  of  Mining 
Division. 

Sworn  before  me  at  the 
of 

in  the 

of  this  J 

day  of 

A.D.  190     .  J 

Mining  Recorder  of  Mining  Division. 


(Coat  of  Arms.) 

THE  MINES  ACT,  1906.  . 

Form  No.  7.     (See  sec.  141,  par.  12.) 

Department  of  Lands.  Forests  and  Mines. 

Certificate  of  Mining  Recorder  of  Application  for  Working 

Permit. 

The  undersigned  hereby  certifies  that 
of  ,  the  holder  of  miner's  license  No.  , 

dated  the  day  of  190     ,  and  issued  by 

the  Mining  Recorder  of  the  Mining  Division 

has  this  day  applied  to  me  for  a  working  permit  of  the  area  described 
as  follows : 

eaid  to  have  been  staked  out  by  said  licensee  for  himself  or 

holder  of  miner's  license  No.  dated  the 

day  of  190     ,  issued  by  the  Min- 

ing Recorder  of  the  Mining  Division,  (or,  as 

the  case  may  be),  on  the  day  of  190 

Dated  at     .  the  day  of  190  . 

Mining  Recorder  of  Mining  Division. 

(Coat 


1906.  mines.  Chap.  11  103 

(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 
Form  No.  8.      (See  sec.  141,  par.  13.) 

Department  of  Lands,  Forests  and  Mines. 


(Coat  of  Arms.) 

Province  of  Ontario. 

Department  of  Lands,  Forests  and  Mines. 
No.  Fee  $5.00. 

Working  Permit. 

Pursuant  to  the  provisions  of  The  Mines  Act,  1000,  and  subject 
thereto,  a  Permit  is  hereby  granted  to 

of  ,  the  holder  of  License  No.  dated  this 

day  of  190      ,  issued  by  the 

Mining  Recorder  of  Mining  Division 

to  enter  into  exclusive  possession  of  the  area  consisting  of 
acres,  more  or  less,  defined  in  the  sketch  or  plan  attached  hereto, 
and  more  particularly  described  as  follows : 


end  to  work  thereon  during  the  period  of  six  months  from  the  day 
of  the  date  hereof,  together  with  such  renewal  (if  any)  as  is  con- 
tained in  the  renewal  hereof  endorsed  hereon. 

Dated  at  this  day  of  190 

Mining  Recorder  of  Mining  Division. 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 

Form  No.  9.      (See  sec.  146.) 

Department  of  Lands.  Forests  and  Mines. 

Notice  to  be  Posted  by  the  Mining  Recorder  in  his  office  of  the 
Application  for  a  Working  Permit. 

Notice  is  hereby  given  that  of 
the  holder  of  Miner's  License  No.      ,  dated  the  day  of 

190      ,  and  issued  by  the  Mining  Recorder  of 

Mining  Division,  has  this  day  applied  to  me  for 
a  Working  Permit  of  the  area  described  as  follows : 


said  to  have  been  staked  out  by  said  licensee  for  himself,  or 

holder  of  Miner's  License  No.  )#  dated  the 

day  of  190      ,  issued  by  the  Mining  Recorder  of 

Mining  Division.  or  as  the   ruse  may  he 

on  the  day  of  190 

Dated  at  the  day  of  190  . 


Mining  Recorder  of 


Mining  Division. 

(Coat 


Chap.  11.  mines.  6  Edw.  VII 

(Coat  of  Arms.) 

THE  MINES  ACT,  1906. 

Form  No.  10.     (See  sec.  149.) 

Department  of  Lands.  Forests  and  Mines. 

Notice  by  Mining  Recorder  of  the  Hearing  of  Dispute  in  Refer- 
ence to  Non-Compliance  by  a  Licensee  with  the  Provi- 
sions of  The  Mines  Act  1906,  referable  to  a 
Working  Permit. 

You  are  hereby  required  to  take  notice  that 
of  has  complained  to  me  that  you  have  not  com- 

plied with  the  provisions  of  The  Mines  Act,  1906,  applicable  to  the 
Working  Permit  held  by  you,  and  that  I  have  fixed  (a)  the 

day  of  190     ,  at  my  office  (or  such 

other  place  within  the  Mining  Division  as  may  be  selected)  for  the 
purpose  of  hearing  what  may  be  alleged  on  behalf  of  said  complain- 
ant and  yourself,  and  that  I  will,  at  the  said  time  and  place,  decide 
the  said  dispute,  of  all  of  which  you  are  required  to  take  notice, 
and  govern  yourself  accordingly. 

Dated  at  this  day  of  190  . 

Mining  Recorder  of  Mining  Division, 

(a)  The  time  to  be  fixed  must  be  such  as  will  admit  of  seven  clear 

days'  notice  being  given  to  the  licensee  against  whom  the  complaint 
has  been  made. 


(Coat  of  Arms.) 

THE  MINES  ACT,  1906. 

Form  No.  11.     (See  sec.  151.) 

Department  of  Lands,  Forests  and  Mines. 

Transfer  by  a  Licensee  of  his  Interest  in  an  area  under 
Working  Permit. 

The  undersigned,  holder  of  miner's  license  No.  (issued  by  the 

Mining  Recorder  of  Mining  Division),  in  considera- 

tion of  the  sum  of  dollars,  (receipt  whereof  is  here- 

by acknowledged),  hereby  transfers  to  ,  holder 

of  miner's  license  No.  (issued  by  the  Mining  Recorder  of 

Mining  Division),  (a) 

of  the  undersigned,  in  Working  Permit  No.  ,  dated  the 

day  of  ,  190      ,  issued  by  the  Mining  Re- 

corder of  Mining  Division. 

Dated  at  this  day  of  190  . 

Witness. 

Signature  of  Transferor. 

Post  office  address  of  Transferor. 

"I  I,  of  the 

County  (or  District)  of    !  of  in  the 

To  Wit :  I  of 

'  make  oath  and  say  : 
1.  That  I  know  the  above  named  transferor,  and  was  present  and 
saw  the  above  transfer  of  the  Working  Permit  duly  signed  and  exe- 
cuted 


1906. 


MINES. 


Chap.  11  105 


cuted  by  the  said  transferor  at  in  the 

of  on  the  day  of 

190  . 

Sworn  before  nie  at  ^ 
of  in  the 

of  .  this 

day  of 

A.D.  190     .  J 


A  Commissioner  or  Notary  Public  or  a  Mining  Recorder, 
(a)  State  interest  transferred. 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 
Form  No.  12.     (See  sec.  152.) 

Department  of  Lands.  Forests  and  Mines. 
Renewal  of  Working  Permit. 
(To  be  endorsed  on  original  Working  Permit.) 

The  period  within  which  of  , 

holder  of  miner's  license  No.  is  authorized  to  have  exclusive  pos- 
session of  the  area  described  in  Working  Permit  No.  ,  and  to 
work  same,  is  hereby  renewed  and  extended  until  and  including  the 
day  of                             ,  190 

Dated  at  this  day  of  190 

Mining  Recorder  of  Mining  Division. 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 
Form  No.  13.     (See  sec.  156.) 


Department  of  Lands.  Forests' and  Mines. 

Application  to  Record  the  staking  out  op  a  Mining  Claim. 

To  the  Mining  Recorder  of  Mining  Division, 

the  undersigned,  holder  of  Mining  License  No.  dated  the 

day  of  190    . ,  issued  by  the 

Mining  Recorder  of  Mining  Division,  hereby 

applies  under  the  terms  and  provisions  of  The  Mines  Act,  1906,  to 
record  the  staking  out  of  a  Mining  Claim,  consisting  of  acres, 
more  or  less,  according  to  the  sketch  or  plan  attached  hereto,  and 
which  is  more  particularly  described  as  follows : 


The  discovery  post  is  situate 
No.  1  post. 

Discovery  was  made  on  the 
190     ,  at  o'clock 

The  claim  was  staked  and  the 

the  day  of 
as 

Dated  at  this 


feet  from 

day  of 

m. 

lines  cut  and  blazed  on  claim  on 
190    .  and  the  claim  is  known 

day  of  190  . 

Signature  of  LAcensee  in  full. 

Coat) 


106 


Chap.  11. 


MINES. 


6  Edw.  YII 


(Coat  of  Arms.) 

THE  MINES  ACT,  1906. 

Form.  No.  14.      (See  sec.  157.) 

Department  of  Lands.  Forests  and  Mines. 
Affidavit  of  Discovert. 

County  (or  District)  of  ■  ,  fy,„°^  ^ 

To  Wit:  of  tne 

Holder  of  miner's  license  No.  dated  day  of 

190      ,  issued  by  the  Mining  Recorder  of 
Mining  Division,  make  oath  and  say: 

1.  That  on  the  day  of  190  , 
at  the  hour  of  o'clock  m.,  I  discovered  valuable  min- 
eral or  ore  in  place,  to  wit: 

On  the  Mining  Claim  No.  ,  and  described  in  the  application 

hereto  attached,  and  in  the  sketch  or  plan  therein  referred  to,  that 
is  to  say : 

(Give  particulars  of  discovery,  kind  of  ore  or  mineral,  also,  if  pos- 
sible, kind  of  rock  enclosing  same.) 

2.  That  I  have  no  knowledge  of  and  have  never  heard  of  any  ad- 
verse claim  to  the  said  Mining  Claim,  except  as  follows : 

3.  That  the  sketch  or  plan  hereto  attached  is  correct,  and  shows 
the  location  of  the  discovery  post  and  of  the  other  posts  which  pur- 
port to  be  shown  thereon,  and,  likewise,  correctly  states  the  dis- 
tances in  feet  from  the  said  other  posts,  and  that  all  the  par- 
ticulars set  out  in  the  application  to  record  the  staking  out  of  the 
Mining  Claim  are  true  and  correct  in  every  particular. 

4.  That  application  for  said  Mining  Claim  is  made  by  me  on  behalf 
of  of  in  the 

of  ,  holder  of  Mining  License  No.  ,  dated 

day  of  190     ,  issued'  by  the 

Mining  Recorder  of  Mining  Division. 

Sworn  before  me  at  -\ 

in  the  of  | 

this  day  of  f 

A.D.  190     .  J 

Mining  Recorder  of  Mining  Division. 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 
Form  No.  15.     (See  sec.  156). 

Department  of  Lands.  Forests  and  Mines. 
Application  dy  a  Licensee  for  a  Free  Grant. 

To  the  Mining  Recorder  of  Mining  Division. 

The  undersigned,  holder  of  Miner's  License  No.  .  issued  by  flu- 
Mining  Recorder  of  Mining  Division,  claims  to  he- 
the  first  discoverer  of  valuable  metal,  ore  or  mineral,  at  a  point 
which  is  not  less  than  five  miles  from  the  nearest  known  mine,  vein, 
lode  or  deposit  of  the  same  kind  of  metal,  ore  or  mineral,  as  fol- 
lows : 

The  discovery  by  me  is  of  (a) 
The  location  of  the  discovery  is  as  shown  on  the  accompanying  sketch 
or  plan. 

Tho  nearest  mine.  vein,  lode  or  deposit  of  the  same  kind  of  metal, 
ore  or  other  mineral,  known  to  me,  is  at 

I 


1906.  mines.  Chap.  11 

I  claim  to  be  entitled  to  the  said  (b) 
without  payment  of  purchase  price  according  to  Mines  Act,  1906. 
Dated  at  this  day  of  190  . 

Name  of  Licensee. 

Post  office  address  of  Licensee. 

(a)  State  the  kind  of  metal,  ore  or  mineral. 

(b)  State  whether  Mining  Claim  or  Special  Mining  Claim. 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 

Form  No.  16.     (See  sec.  157.) 

Department  of  Lands.  Forests  and  Mines. 

Affidavit  by  a  Licensee  to  accompany  Application  for  a 
Free  Grant. 

County  (or  District)  of        j  ^g 


To  Wit-  1  111 

J  make  oath  and  say: 

1.  That  the  statements  contained  in  the  application  by 

,  holder  of  Miner's  license  No.  hereto  annexed,  for  a 

Free  Grant  of  No.  ,  are  true  and  correct  in 

ever}'  particular. 

Sworn  before  me  at 
in  the 

of  this 
day  of 

AD.  190  . 

Mining  Recorder  of  Mining  Division. 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 
Form  No.  17.     (See  sec.  161.) 

Department  of  Lands.  Forests  and,  Mines. 

Report  by  Licensee  to  Mining  Recorder  of  Performance  of 

Work,  (a) 

To  the  Mining  Recorder  of  Mining  Division  : 

I.  the  undersigned,  holder  of  Miner's  License  No.  .  (issued  by 
the  Mining  Recorder  of  Mining  Division),  being 

the  holder  of  (b)  No.  hereby  notify  you  that  I 

(c)  have  performed  thereon  the  mining  operations  required  by  The 
Mines  Act,  1906,  as  follows: 

Dated  at  this  day  of  190 

Name  of  Licensee. 
P.O.  address  of  Licensee. 

(a)  This  report  must  be  filed  with  the  Mining  Recorder  not  later 
than  ten  days  after  the  time  within  which  such  mining  operations 
are  required  to  be  performed. 

(b)  State  whether  mining  claim,  special  mining  claim  or  working 
(r)  I,  or  ,  on  my  behalf,  as  the  case  may  be. 

(Coat 


Chap.  11.  mines.  6  Edw.  VII 

(Coat  of  Arms.) 

THE  MINES  ACT,  1906. 

Form  No.  18.     (See  sec.  162  (1). 

Department  of  Lands.  Forests  and  Mines. 

Affidavit  Vekifying  Report  of  Performance  of  Working 
Conditions. 

County  (or*  District)  of        ^e  ^ 

To  Wit:  |in*he  ,  of 

J  make  oath  and  say : 

1.  That  the  statements  contained  in  the  annexed  report  by 

the  holder  of  Miner's  License  No.  to  the  Mining 

Recorder  of  Mining  Division,  relating  to  the  per- 

formance of  mining  operations  on  (o)  No.  are  true  and  correct 

in  every  particular. 

2.  That  the  statement  contained  in  the  preceding  paragraph  is 
based  upon  the  following  information  : 

Sworn  before  me  on  the 
day  of 

in  the 
of 

this  day  of 

A.D.  190     .  ; 

Name  of  Licensee. 

P.O.  address  of  Licensee. 

Mining  Recorder  of  the  Mining  Division. 

(a)  State  whether  mining  claim,  special  mining  claim  or  Working 
Permit. 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 

Form  No.  19.     (See  sec.  163.) 

Department  of  Lands.  Forests  and  Mines. 

Notice  by  a  Licensee  to  a  Mining  Recorder  of  Intention  to  per- 
form of  one  Mining  Claim  work  intended  to  be  appli- 
cable to  Contiguous  Claims  held  by  same  Licensee. 

To  the  Mining  Recorder  of  the  Mining  Division  : 

I,  the  undersigned,  holder  of  Miner's  License  No.  ,  issued  by 
the  Mining  Recorder  of  Mining  Division)  hereby 

notify  you  that  I  am  licensee  holder  of  mining  claims  numbers 

and  ,  which  are  contiguous  to  each  other,  and 

that  during  the  years  190  and  190  it  is  my  intention  to  per- 
form upon  said  mining  claim  No.  all  the  work  required  by  th« 
provisions  of  The  Mines  Act,  1906,  to  be  performed  upon  said  min- 
ing claims. 

Dated  at  this  day  of  190  . 

Name  of  Licensee. 
P.O.  address  of  TAcensee. 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 

Form  No.  20.     (See  sec.  165.) 

Department  of  Lands,  Forests  and  Mines 
Notice  by  Licensee  of  Abandonment  of  a  Mining  Claim,  etc. 
To  the  Mining  Recorder  of  Mining  Division: 

Ehe 


1906. 


MINES. 


Chap.  11  109 


The  undersigned,  holder  of  miner's  license  No.  ,  issued  by  the 

Mining  Recorder  of  Mining  Division,  and  licensee 

holder  of  mining  claim  No.  hereby  abandons  all  interest  in  said 

mining  claim,  and  authorizes  you  to  record  such  abandonment  in 
the  books  of  your  office. 

Dated  at   '  this  day  of  190  . 

Name  of  Licensee. 
P.O.  address  of  Licensee. 
Note. — If  working  permit  or  prospecting  permit,   modify  form 
accordingly. 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 
Form  No.  21.     (See  sec.  169.) 

Department  of  Lands.  Forests  and  Mines. 
Application  for  Patent  of  a  Mining  Claim,  (a) 

To  the  Mining  Recorder  of  Mining  Division  : 

The  undersigned,  holder  of  Miner's  License  No.  .  (issued  by 
the  Mining  Recorder  of  Mining  Division)  and 

as  licensee  holder  of  (b) 

No.  applies  for  the  issue  of  a  patent  thereof. 

All  work  to  be  performed  thereon  has  been  duly  performed,  and  I 
now  hand  you  dollars,  the  purchase  money  thereof,  and  re- 

quest the  issue  of  a  patent  thereof  to  of 
being  the  holder  of  Miner's  License  No.  (issued  by  the  Mining 

Recorder  of  Mining  Division). 

Dated  at  this  day  of  190  . 

Name  of  Licensee  Applicant.  . 
Post  office  address  of  Licensee. 
(u)  This  application  must  be  made  to  the  Mining  Recorder  of  the 
Mining  Division,  within  which  the  claim  is  situate,  within  a  period 
of  three  years  and  three  months  from  the  date  said  claim  was  re- 
corded. 

(b)  State  whether  Mining  Claim  or  special  Mining  Claim. 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 

Form  No.  22.     (See  sec.  181  (1). 

Department  of  Lands,  Forests  and  Mines. 
Application  for  Prospecting  Permit,  (a) 

The  undersigned,  of  the  ,  holder  of  Miner's 

License  No.  ,  dated  the  day  of  190 

(issued  by  the  Mining  Recorder  of  Mining  Divi- 

sion), hereby  applies  to  the  Mining  Recorder  of  Mining 
Division,  for  a  Prospecting  Permit  to  prospect  for  petroleum,  nat- 
ural gas,  coal  or  salt,  of  the  area  consisting  of  acres, 
more  or  less,  according  to  the  sketch  or  plan  attached  hereto,  more 
particularly  described  as  follows: 

The  area  was  staked  out  and  posts  were  planted  on  the 

day  of  190      .  and  the  name  by  which  the  said  area 

may  be  known  is 

Dated  at  this  day  of  190  . 

Signature  of  Licensee  in  full. 

Post  office  address. 

(a)  This  form  must  be  in  duplicate. 


( Coat 


110  Chap.  11. 


MINES. 


6  Edw.  VII 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 

Form  No.  23.     (See  sec.  181  (1). 

Department  of  Lands,  Forests  and  Mines. 

Affidavit  to  Accompany  Application  for  Prospecting  Permit,  (a) 

)  T' 
of  the 

Countv  (or  District)  of       I  of 

To  Wit :  |  in  the 

of 

make  oath  and  say  : 

1.  That  I  am  the  holder  of  Miners  License  No.  ,  dated  the 

day  of  190      ,  issued  by  the  Min- 

ing Recorder  of  Mining  Division. 

2.  That  the  sketch  or  plan  hereto  attached  is  correct,  and  correctly 
shows  the  location  of  the  posts  referred  to  and  the  distance  from 
each  in  feet,  and  all  the  statements  and  particulars  set  out  in  the 
said  application  are  true  and  correct. 

3.  That  I  have  no  knowledge  of  and  have  never  heard  of  any  ad- 
verse claim  to  the  issuing  of  a  Prospecting  Permit  in  the  area  de- 
scribed in  the  said  application. 

4.  That  the  said  application  for  said  Prospecting  Permit  is  made 
on  behalf  of  of  in  the 

of  ,  holder  of  Miner's  License  No.  , 

issued  by  the  Mining  Recorder  of  Mining 
Division. 

Sworn  before  me  at 
of  the 
in  the 
of 

this  day  of 

A.D.  190  . 

Mining  Recorder  of  Mining  Division. 

(a)  This  affidavit  must  be  in  duplicate. 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 
Form  No.  24.     (See  sec.  181  (2). 

Department  of  Lands,  Forests  and  Mines. 

No.  Fee  $ 

Prospecting  Permit,  (a) 

Pursuant  to  the  provisions  of  The  Mines  Act,  1906,  and  subject 
thereto,  a  Prospecting  Permit  is  hereby  granted  to 
of  ,  the  holder  of  Miner's  License  No.         ,  dated 

the  day  of  190      ,  issued  by  the 

Mining  Recorder  of  Mining  Division,  to  enter 

upon  and  prospect  the  area  set  forth  and  described  in  the  sketch  or 
plan  attached  hereto,  for  petroleum,  natural  gas,  coal  or  salt,  and 
to  work  thereon  during  a  period  of  one  year  from  the  day  of  the 
date  hereof. 

Dated  at 

this  day  of 

A.D.  190 

Minister  of  T^ands,  Forests  and  Mines. 

(a)  This  permit  is  to  be  in  duplicate,  and  one  of  such  duplicate  is 
to  be  retained  in  the  office  of  the  Bureau  of  Mines. 

( Coat 


1906.  mines.  Chap.  11  111 

(Coat  of  Arms.) 

THE  MINES  ACT,  1906. 

Form  No.  2o.     (See  sec.  181  (10). 

Department  of  Lands,  Forests  and  Mines. 

Transfer  by  a  Licensee  of  his  Interest  in  a  Prospecting  Permit. 

The  undersigned,  holder  of  Miner's  License  No.  (issued  by 

the  Mining  Recorder  of  Mining  Division),  in 

consideration  of  the  sum  of  dollars  (receipt  whereof  is 

hereby  acknowledged),  hereby  transfers  to  ,  holder 

of  Miner's  License  No.  (issued  by  the  Mining  Recorder  of 

Mining  Division),  (a)  of  the 

undersigned  in  Prospecting  Permit  No.  ,  dated  the 

day  of  190     ,  issued  by  the  Minister  of  Lands,  Forests 

and  Mines. 

Dated  at  the  day  of  190 

Signature  of  Transferor. 

Post  office  address  of  Transferor. 

)1' 

County  (or  District)  of  I  of  the  of 

To  Wit:  Tin  the  of 

J  make  oath  and  say  : 
1.  That  I  know  the  above  named  transferor,  and  was  present  and 
saw  the  above  transfer  of  Prospecting  Permit  duly  signed  and  exe- 
cuted by  the  said  transferor  at  in  the 

of  on  the 

day  of  190  . 

Sworn  before  me  at  \ 
in  the  of  | 

this  day  of  i 

A.D.  190     .  J 

A  Commissioner  or  Notary  Public  or  Mining  Recorder. 

(a)  State  interest  transferred. 


(Coat  of  Arms.) 

THE  MINES  ACT,  1906. 

Form  No.  26.     (See  sec.  185  (4) 

Department  of  Lands,  Forests  and  Mines. 

Certificate  of  a  Mining  Partnership. 

This  is  to  certify  that  the  undersigned  have  formed  a  mining 
partnership,  and  that  the  following  particulars  thereof  are  true  and 
correct : 

(a)  The  names  in  full  and  addresses  of  all  the  partners  are  as  fol- 
lows : 

(b)  The  name  under  which  the  partnership  is  to  be  conducted  is 
as  follows  : 

(c)  The  total  number  of  shares  into  which  said  partnership  is 
divided  is 

(d)  The  number  of  shares  of  said 'partnership  owned  by  each  part- 
ner is  as  follows : 

(e)  1.  The  said  partnership  commenced  on  the  dav  of 

1906. 

2.  The  date  at  which  the  partnership  is  to  terminate  is 
(/)  The  name,  address  and  occupation  of  the  agent  (a)  of  the  part- 
nership with  whom  all  contracts  may  be  made  or  entered  into  on  be- 
half of  the  partnership  is  as  follows : 

Dated  at  the  day  of 

A.D.  190  . 

Signatures  of  Members  of  Partnership. 

the 


112  Chap.  11.  mines.  6  Edw.  VII 

The  undersigned,  being  the  duly  appointed  Agent  of  the  above- 
named  partnership  referred  to  in  this  certificate  thereof,  hereby  con- 
sents to  act  as  Agent  of  the  said  partnership. 

Dated  at  this  day  of  190 

Name  of  Agent. 
P.O.  address  of  Agent. 

Witness : 

(u)  The  Agent  must  be  some  individual  resident  in  Ontario  or  an 
incorporated  company  having  its  head  office  in  Ontario. 


(.Coat  of  Arms.) 
THE  MINES  ACT,  1906. 
Form  No.  27.     (See  sec.  185  (9). 

Department  of  Lunds,  Forests  and  Mines. 
Revocation  of  Appointment  of  an  Agent  of  Mining  Partnership. 

The  undersigned  being  the  majority  in  interst  for  the  time  being 
of  the  recorded  members  of  the  mining  partnership  known  as  " 

"  hereby  revoke  the  appointment  of 
of  the  heretofore  agent  of  the  said  partnership,  and 

hereby  appoint  of  to  be  agent 

of  the  said  partnership  in  the  place  and  stead  of  the  said 

Dated  at  this  day  of 

AD.  190  . 
Witness : 

Signatures  .of  Partners. 

The  undersigned,  being  the  Agent  above  mentioned,  hereby  con- 
sents to  act  as  Agent  of  the  said  partnership. 

Name  of  Agent. 
P.O.  address  of  Agent. 


(Coat  of  Arms.) 
THE  MTNES  ACT,  1906. 
Form  No.  28.     (See  sec.  185  (9) ). 

Department  of  Lands.  Forests  and  Mines. 
Certificate  of  a  Mining  Partnership  appointing  a  new  Agent  l& 

PLACE  OF-  ONE  DECEASED. 

The  undersigned,  being  the  majority  of  interest  for  the  time  being 
of  the  recorded  members  of  mining  partnership  known  as  " 

,"  hereby  appoint  of  the 

of  in  the  of  to  be 

the  agent  of  the  said  partnership  in  the  place  and  stead  of 

of  formerly  Agent  of  the  said  part- 

nership, and  'now  deceased. 

Dated  at   .  this  day  of  190 

Witness : 

Signatures  of  Partners. 


Coat 


1906. 


MINES. 


Chap.  11 


113 


(Coat  oi'  Arms.) 

THE  MINES  ACT,  1906. 

Form  No.  29.      (See  sec.  185  (11) ). 

Department  of  TMnds,  Forests  and.  Mines. 

Transfer  of  a  Share  of  a  Partner  in  Mining  Partnership. 

The  undersigned,  member  of  the  mining  partnership  known  as  " 

,"  in  consideration  of  the  sum  or  dollars 
(receipt  of  which  is  hereby  acknowledged)  hereby  transfers  to 

of  the  of  in  the  county  of 

,  share  in  said  mining  partnership,  and  here- 

by authorizes  the  Mining  Recorder  of  Mining 
Division  to  record  the  transfer  thereof  in  the  books  of  his  office. 

Dated  at  this  day  of  190  . 

Witness : 

Name  of  Partner. 

1'ost  office  address. 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 
Form  No.  30.     (See  sec.  185  (12) ). 

Department  of  TMnds,  Forests  and  Mines. 
Dissolution  of  a  Mining  Partnership. 

This  is  to  certify  that  the  mining  partnership  which  has  hereto- 
fore existed  between  the  undersigned,  under  the  name  of  " 

,"  is  hereby  dissolved,  and  the  Mining  Recorder 
of  Mining  Division  is  hereby  authorized  to  re- 

cord the  dissolution  thereof  in  the  books  of  his  office. 

Dated  at  this  day  of  190  . 

Witness : 

Signatures  of  Partners. 


^oat  of  Arms.) 

THE  MINES  ACT,  1906. 

Form  No.  31.     (See  sec.  186  (3).) 

Department  of  Lands.  Forests  and  Mines. 

Affidavit  Verifying  Documents  Relating  to  the  Incorporation 
of  a  Mining  Company. 

I. 

County  {or  District)  of  of  the  of 

To  Wit :  in  the  of 

make  oath  and  say  : 

1.  That  I  am  Secretary  (or  President,  etc.)  of  (a) 

2.  That  hereto  annexed  is  a  true  copy  of  (b)  incorporating  (a) 
In  the  case  of  a  foreign  corporation  licensed  under  the  Extra 

Provincial  Companies'  Act  to  transact  business  in  Ontario  add  the 
jollowing  : 

3. 

8  s. 


114  Chap.  11.  MINES.  6  Edw.  VII 

3.  That  hereto  annexed  is  a  true  copy  of  the  license  issued  by  the 
Provincial  Secretary  of  the  Province  of  Ontario,  authorizing  (a) 
to  transact  business  in  the  Province  of  Ontario. 

Sworn  before  me  at 
in  the 

of  in  the 

of 

this   .  dav  of 

190    .  J 

A  Commissioner  for  taking  affidavits,  or 

Notary  Public,  or  Mining  'Recorder. 

(a)  Insert  corporate  name  in  full. 

(b)  State   whether  Letters    Patent,   Articles  of   Association  or 
Special  Act. 


(Coat  of  Arms.) 
THE  MINES  ACT,  1906. 
Form  No.  32.     (See  sec.  162  (2)). 

Department  of  TAinds,  Forests  and  Mines. 
No.  Fee  $ 

Name  of  place  of  issue  and  date  of  issue 

190  . 

Certificate  of  Performance  of  Working  Conditions,  (a) 

This  is  to  certify  that  of  ,  holder 

of  miner's  license  No.  (issued  by  Mining  Recorder  of 

Mining  Division)  license  of  (a)  has  performed  all  neces- 
sary mining  operations  on  the  said  (a)  to  my  satisfaction  for  the 
season  of  190      ,  except  as  follows:  (b) 

•  Mining  Recorder. 

(a)  State  whether  mining  claim,  special  mining  claim  or  working 
permit. 

(6)  State  exceptions  and  time  within  which  said  excepted  mining 
operations  are  to  be  performed. 


Stub  for  Form  32. 

No. 
Date 

Name  of  Licensee 

Number  of  License 

Name  of  mining  claim 

Mining  operations  still  to  be  performed 


THE  MINES  ACT,  1906. 

Schedule  of  Fees. 

For  a  Miner's  License  or  renewal  thereof  for  an  individual. 

(See  sees.  85,  184)    $10  00 

For  a  Miner's  License  issued  on  or  after  the  1st  Septem- 
ber, 1906,  and  previous  to  1st  April,  1907    5  00 

For  a  Miner's  License  or  renewal  thereof  for  a  registered 
partnership  where  not  more  than  two  partners.  (See 

sees.  85,  184)    10  00 

3a  s .  For 


1906. 


MINES. 


Chap.  11 


115 


For  a  Miner's  License  or  renewal  thereof  for  a  registered 
partnership  where  more  than  two  but  not  more  than 
'five  partners.      (See  sees.  85,  184)    25  00 

For  a  Miner's  License  or  renewal  thereof  for  a  registered 
partnership  where  more  than  five  partners.  (See  sees. 
85,  184)   40  00 

Miner's  License  for  an  incorporated  Company  where  capital 
authorized  by  letters  patent  or  license  under  The  Ex- 
tra- Provincial  Companies  Act  does  not  exceed  $40,- 
000.      (See  sees.  85,  184)   ■•■     25  00 

Miner's  License  for  an  incorporated  Company  where  capital 
authorized  by  letters  patent  or  license  under  The  Ex- 
tra Provincial  Companies  Act  is  over  $40,000,  but  not 
exceeding  $100,000.     (See  sees.  85,  184)    50  00 

Miner's  License  for  an  incorporated  Company  where  capital 
authorized  by  letters  patent  or  license  under  The  Ex- 
tra. Provincial  Companies  Act  is  over  $100,000,  but  not 
exceeding  $500,000.     (See  sees.  83,  184)    75  00 

Miner's  License  for  an  incorporated  Company  where  capital 
authorized  by  letters  patent  or  license  under  The  Ex- 
tra Provincial  Companies  Act  is  over  $500,000,  but  not 
exceeding  $1,000,000.     (See  sees.  85,  184)    100  00 

And  for   each  additional   $1,000,000  or  fraction  thereof. 

(See  sees.  85,  184)    100  00 

For  recording  first  claim  applied  for  on  a  license.    (  See 

sees.  156,  184)  ....    5  00 

For  recording  second  claim  applied  for  on  a  license  in  the 

same  license  year.     (See  sees.  156,  184)    7  50 

For  recording  third  claim  applied  for  on  a  license  in  the 

same  license  year.      (See  sees.  156,  184)    10  00 

For  examining  Claim  Record  Book,  per  claim.      (See  sees. 

55,  184)   10 

For  certificate  of  record  of  claim.     (See  sees.  58,  184)    1  00 

For  certificate  of  performance  of  working  conditions.  (See 

sees.  162  (1),  184)  _   1  00 

On  filing  appeal  from  Mining  Recorder's  decision.  (See 

sees.  75,  184)   ..a   5  00 

On  filing  appeal  from  Mining  Commissioner's  decision.  (See 

sees.  43,  184)   10  00 

For  filing  transfer  of  mining  claim.    (See  sees.  118,  184)   5  00 

For  recording  endorsation  on  a  working  permit  of  a  trans- 
fer thereof.     (See  sees.  151,  184)   5  00 

For  recording  endorsation  on  a  prospecting  permit  of  a 

transfer  thereof.      (See  sees.  181  (10),  184)   5  00 

For  a  "Substituted  Miner's  License."    (See  sees.  93,  184)...       5  00 

For  recording  extension  of  time  for  performing  working 

conditions.      (See  sees.  72,  184)   1  00 

For  filing  certificate  of  mining  partnership  or  certified  copv 

thereof.      (See  sees.  185  (4),  184)   1  00 

For  recording  certificate  of  revocation  of  Agent  and  ap- 
pointment of  new  Agent  for  mining  partnership.  (See 
sees.  185  (9),  184)   1  00 

For  recording  transfer  of  share  or  shares  in  a  mining  part- 
nership.     (See  sees.  185  (11).  184)    25 


CHAPTER 


116 


Chap. 12.  CERTAIN  ORDERS  IN  COUNCIL  CONFIRMED.  6  EdW.YII. 


CHAPTER  12. 


An  Act  respecting"  certain  Orders-in-Council  and 
certain  Crown  Suits. 


Assented  to  14th  May,  1906. 


HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows  :  — 


Order  in 
Council  of 
Aug.  14,  1905, 
withdrawing 
"  Gillies 
Limit."  etc., 
from 

exploration, 
confirmed. 


1.  Whereas  an  Order  of  the  Lieutenant-Governor  in 
Council  was  passed  on  the  14th  day  of  August,  1905,  with- 
drawing from  exploration  for  mines  and  minerals  and  from 
sale,  lease  and  location,  the  lands  known  as  Gillies  Broth- 
ers' Timber  Limit,  lying  on  both  sides  of  the  Montreal 
River,  in  the  District  of  Nipissing,  containing  one  hundred 
square  miles,  more  or  less,  and  also  the  lakes  known  as  Co- 
balt and  Kerr  lakes,  the  said  Order-in-Council  is  hereby 
confirmed  and  declared  to  have  been  and  now  to  be  binding, 
and  effectual  for  the  purposes  therein  mentioned,  notwith- 
standing that  at  or  before  the  time  of  the  passing  of  such 
Order-in-Council  a  discovery  or  discoveries  was  or  were 
made,  or  was  or  were  alleged  to  have  been  made  on  such 
lands,  or  any  part  or  parts  thereof,  and  notwithstanding 
that  some  claim  or  claims  to  the  mining  rights,  mines  or 
minerals  therein  or  thereon  was  or  were  at  or  before  such 
time  pending;  and  all  discoveries  and  claims  respecting 
such  lands  and  mining  rights,  if  any,  shall  be  dealt  with 
by  the  Lieutenant-Governor  in  Council  as  he  may  think 
fit. 


2.  The  Order  of  the  Lieutenant-Governor  in  Council  of 
MOthjan°,fi906,  the  24th  day  of  January,  1906,  vesting  in  the  Temiskaming 
!and"fncertain  an^  Northern  Ontario  Railway  Commission  certain  lands 
Temiskaming  and  lands  covered  with  water  in  the  District  of  Nipissing 
and  therein  described  by  metes  and  bounds,  is  hereby  con- 
firmed, and  it  is  hereby  declared  that  the  said  Order  was 
intended  to  vest  and  did  vest  in  the  said  Railway  Commis- 
sion as  and  from  the  passing  of  the  Act  to  authorize  the 
construction  of  the  Temiskaming  and   Northern  Ontario 

Railway 


Order  in 


and  Northern 
Ont.  Ry. 
Commission, 
confirmed. 


1906.         CERTAIN  ORDERS  IN  COUNCIL  CONFIRMED.      Chap.  12 


117 


Railway,  passed  in  the  2nd  year  of  His  Majesty's  reign, 
chapter  9,  the  fee  simple  in  the  said  lands  and  all  mines 
and  minerals  being  and  lying  in  or  under  the  said  lands 
and  all  mining  rights  therein  and  thereto  absolutely  freed 
from  all  claims  and  demands  of  every  nature  whatsoever  in 
respect  of  or  arising  from  any  lease  or  patent  of  any  min- 
ing lands  or  mining  location  at  any  time  granted. 

3.  Whenever  a  mining  patent  or  a  mining  lease  or  a  Lands  and 
lease  of  mining  rights  shall  by  proceedings  in  the  High  t»  bewitif-  1 
Court  of  Justice  at  the  instance  of  the  Crown  be  repealed  exploration 
or  avoided  for  any  cause  the  lands  and  mining  rights  de-  p^J^f*'  of 
scribed  in  such  patent  or  lease  shall,  upon  and  by  virtue  lease  at 
of  such  repeal  or  avoidance,  be  withdrawn  from  explora-  croum!6  ° 
tion,  discovery,  staking  out,  or  sale ;  and  every  discovery 
and  claim  of  every  kind  to  the  said  lands  or  mining  rights 
and  to  the  mines  and  minerals  on,  in  or  under  such  lands 
made  or  existing  at  any  time  before  the  repeal  or  avoidance 
of  such  patent  or  lease  shall  thereupon  be  and  become  ab- 
solutely null  and  void ;  and  such  lands,  mining  rights,  mines 
and  minerals  shall  be  thenceforth  vested  in  the  Crown  ab- 
solutely and  completely  freed  and  discharged  of  and  from 
every  claim  of  any  kind  to  such  lands,  mining  rights,  mines 
and  minerals. 


CHAPTER 


118 


Chap.  13. 


volunteers'  land  grant. 


6  Edw.  VII. 


CHAPTER  13. 


An  Act  to  amend  the  Act  to  provide  for  the  appro- 
priation of  certain  lands  for  the  Volunteers  who 
served  in  South  Africa  and  the  Volunteer  Militia 
who  served  on  the  Frontier  in  1866. 


Assented  to  14th  May,  1 906. 

HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows:  — 

i  Edw.  vii.,       1.  Section  1  of  the  Act  passed  in  the  1st  year  of  His  Ma- 
amended.       jesty's  reign,  chaptered  6,  is  amended  by  adding  at  the  end 
thereof  the  following  words  : 

withdrawing       "And  may,  from  time  to  time,  withdraw  from  reservation 
reservation  for  any  lands  so  designated  and  not  theretofore  located  under 
purposes  of      this  Act  and  substitute  other  lands  for  any  land  so  with- 
drawn, as  may  be  deemed  proper." 

Exemption  of      2.  The  Lieutenant-Governor  in  Council  may,  from  time 
i^dnwardSvnmto  time,  declare  that  section  8  of  the  said  Act  shall  not 
c.  6,  s.  8.        apply  as  to  any  township  designated  and  set  apart  under 
the  said  Act. 

lEdw.  vie,  3.  Section  11  of  the  said  Act  is  repealed  and  the  following 
repealed.'       substituted  therefor : 

Reservation  of     11.  Section  15  of  The  Public  Lands  Act  shall  not  apply 
minerals  under  to  lands  heretofore  or  hereafter  granted  to  any  person 
f%'  whin  not  belonging  to  one  of  the  classes  described  in  section  2  of 
toappiy.        this  Act  and  located  by  him  by  virtue  of  a  certificate  issued 
to  him  under  this  Act,  but  save,  as  aforesaid,  the  said  sec- 
tion 15  shall  apply  to  lands  granted  under  this  Act,  and  all 
lands  located  under  this  Act  shall  be  subject  to  the  provi- 
sions of  The  Mines  Act,  and  to  every  mining  lease  or  min- 
ing license  issued  thereunder  prior  to  such  location. 

5 Edward  vii.,  4.  Section  5  of  the  Act  passed  in  the  5th  year  of  His  Ma- 
ainended5,      jesty's  reign,  chaptered  8,  is  amended  by  striking  out  all 

tl  e 


1906. 


volunteers'  land  grant. 


Chap.  13 


119 


the  words  in  the  fourth  and  fifth  lines,  and  substituting  Redemption  of 
therefor  the  words  "and  any  such   certificate    may    with  provincial  y 
"the  consent  of  the  holder  be  redeemed  by  the  Treasurer  Treasurer. 
"  of  the  Province  upon  payment  of  $50  to  the  holder  thereof 
"  out  of  such  moneys  as  may,  from  time  to  time,  be  voted  by 
"  the  Legislature  for  that  purpose." 

5.  Section  3  of  said  Act  passed  in  the  1st  year  of  His  Ma-  i  e d*.  vn 

jesty's  reign,  chaptered  6,  as  amended  by  section  1  of  the  ed.'  '  '   J 

said  Aet  passed  in  the  5th  year  of  His  Majesty's  reign,  Time  for;fiiirig 
chaptered  8,  is  amended  by  striking  out  in  the  last  line  claims, 
thereof  the  word  "January"  and  substituting  therefor  the 
word  "August." 


6.  Section  7  of  said  Act  is  hereby  amended  b\  adding  thei.  Edw.  vn., 
following  subsections  thereto  :  amended.™* 

'(a)  If  any  person  belonging  to  one  of  the  classes  of  per- issue  of  patents 
sons  mentioned  in  section  2  of  1st  Edward  VII,  chapter  6,  located  within 
and  amendments  thereto  who  is  regularly  located  for  any  {option8  fr°m 
land  under  the  said  Act  and  has  not  parted  with  the  same  by 
any  agreement  or  instrument,  or  the  heirs,   executors  or 
administrators  of  such  person,  apply  for  a  patent  for  the 
same  before  the  expiry  of  ten  years  from  date  of  location 
and  without  the  performance  of  settlement  conditions,  such 
patent  may  issue,  but  from  and  after  the  date  of  said  patent 
the  land  included  therein  shall  be  liable  to  taxation  for  all 
purposes,  and  the  pine  timber   shall  be  reserved   to  the 
Crown. 

(b)  In  case  the  land  located  exceeds  an  area  of  160  acres  in 
extent  and  the  party  so  applying  for  patent  has  paid  for 
the  overplus  at  the  rate  per  acre  applicable  thereto,  the 
patent  shall  include  such  overplus  and  the  whole  of  the  said 
location  shall  be  granted  under  the  provisions  of  the  said 
Act. 


CHAPTER 


120 


Chap.  14.  TEMISKAMING  AND  NORTHERN  ONT.  RY.  6  EDW.  VII 


CHAPTER  14. 


An  Act  to  amend  The  Temiskaming  and  Northern 
Ontario  Railway  Act. 


Assented  to  14th  May,  1906. 

HIS  MAJESTY,  by  and  with,  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows  :  — 

9^d"  amend'  ^*  Section  3  of  The  Temiskaming  and  Northern  Ontario 
ed.'  Railway  Act  is  amended  by  adding  to  sub-section  3  of  the 

said  section  the  following  words:  "But  no  such  ratifica- 
leases^vhen  °f  "  ti°n  shall  be  necessary  of  any  lease  made  with  the  ap- 
not  required.  "  proval  of  the  Lieutenant-Governor  in  Council  of  any  spur 

"  or  branch  not  exceeding  ten  miles  in  any  one  place." 

I  amended'0'  2.  The  said  Act  is  further  amended  by  inserting  therein 
the  following  as  section  146  :  — 

Dftposingpf        i4fr   The  Commission  shall  be  deemed  to  have  authority, 

DQ.1I16S  811  ft 

minerals,  etc.  with  the  approval  of  the  Lieutenant-Governor  in  Council, 
from  time  to  time  to  sell,  lease  or  otherwise  deal  with 
mines,  minerals  and  mining  rights  on  or  under  any  portion 
or  portions  of  the  right  of  way  or  of  the  town  sites  vested 
or  to  be  vested  in  the  Commission. 


2  Edw.  VII. 


3.  Sub-section  3  of  section  8  of  the  said  Act  as  enacted 
c.\  s.  s.  subs,  by  section  3  of  the  Act  passed  in  the  5th  \ear  of  His 
Majestv's  reign,  Chaptered  10,  is  amended  by  striking  out 
the  word  "company"  in  the  fourth  and  sixth  lines  thereof 
and  the  words  "directors,  of  the  company"  in  the  sixth  and 
seventh  lines  thereof,  and  substituting  in  lieu  of  said 
words  "company"  and  "directors  of  the  company"  the 
word  "Commission.'" 


CHAPTER 


1906. 


HYDRO-ELECTRIC  POWER  COMMISSION.      Chap.  15 


121 


CHAPTER  15. 


An  Act  to  provide  for  the  Transmission  of  Electrical 
Power  to  Municipalities. 

Assented  to  14th  May,  1906. 

HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows:  — 

1.  For  the  purposes  hereinafter  ment  loned,  the  Lieuten-  Appointment 
ant-Governor  in  Council  may  from  time  to  time  appoint  a  ^lJctric  Power 
Commission  to  consist  of  three  persons,  two  of  whom  may  commission, 
be  members  of  the  Executive  Council  of  Ontario  and  one 

of  whom  shall  be  a  member  of  such  Executive  Council,  and 
such  commission  shall  be  a  body  corporate  under  the  name 
of  "The  Hydro-Electric  Power  Commission  of  Ontario," 
hereinafter  called  "the  Commission." 

2.  The  Lieutenant-Governor  in  Council  may  designate  Chairman, 
one  of  the  members  of  the  Commission  to  be  the  Chairman  Quorum- 
thereof.    Two  of  the  members  of  the  Commission  shall  form 

a  quorum. 

3.  Every  person  appointed  to  the  Commission  shall  hold  Tenure  of 
office   during   pleasure   and   the   Lieutenant-Governor  in 
Council  may  upon  the  death,  resignation  or  removal  from  VacancieR- 
office  of  any  member  of  the  Commission  appoint  some  other 
person  to  fill  his  place. 

4.  The  member  or  members  of  the  Commission  other  salaries. 
Ahan  any  member  of  the  Executive  Council  shall  be  paid 

such  salary  or  other  remuneration 'as  may  be  fixed  by  the 
Lieutenant-Governor  in  Council  out  of  such  moneys  as  may 
be  voted  by  the  Legislature  for  that  purpose. 

5.  The  Commission  may,  from  time  to  time,  appoint  a  £{p£gkersbnt 
Chief  Engineer,  an  Accountant,  and  a  Secretary,  and  such  commission, 
other  engineers,  accountants,  officers,  servants  and  work- 
men as  may  be  deemed  requisite.    The  salaries  or  other  re- 
muneration 


122 


Chap.  15.   HYDRO-ELECTRIC  POWER  COMMISSION.  6  EdW.  VII 


muneration  of  the  persons  so  appointed  shall  be  payable 
out  of  such  moneys  as  may  be  voted  by  the  Legislature  for 
that  purpose. 

piansiSspecifi-       ^'  municipal  corporation  may  apply  to  the  Com- 

catioiis  and     mission  for  the  transmission  to  such  corporation  of  elec- 

estimates  to      .   •     ■>  o       ,i  r>  ii  j 

municipal  cor-  trical  power  or  energy  for  the  uses  of  the  corporation  and 
apphcatfon01'  *ne  inhabitants  thereof,  for  lighting,  heating  and  power 
purposes,  and  the  Commission  may  thereupon  furnish  to 
such  municipal  corporation  estimates  of  the  cost  of  con- 
structing, erecting,  installing  and  maintaining  all  such 
buildings,  works,  plant,  machinery,  poles,  wires,  conduits 
and  other  structures  as  may  be  necessary  for  the  purpose 
of  supplying  the  amount  of  electrical  power  or  energy 
required  by  such  municipal  corporation  and  may  also  fur- 
nish to  such  corporation  plans  and  specifications  of  the 
works,  plant,  machinery  and  appliances  necessary  for  the 
distribution  of  such  power  and  energy  by  such  municipal 
corporation,  together  with  an  estimate  of  the  cost  thereof. 
The  Commission  shall  further  furnish  to  such  municipal 
corporation  a  statement  of  the  terms  and  conditions  upon 
which  such  electrical  power  or  energy  may  be  transmitted 
and  supplied,  together  with  a  form  of  the  contract  to  be 
entered  into  between  such  municipal  corporation  and  the 
Commission. 

Proviso.  Provided  that  neither  the  Commission  nor  the  Province  of 

Ontario  shall  incur  any  liability  to  any  municipal  corpora- 
tion or  company  by  reason  of  anj  error  or  omission  in  any 
such  plans,  specifications,  or  estimates. 

rabmit  by-'iaw  The  council  of  such  municipal  corporation  may  submit. 

to  electors.  to  the  electors  of  the  municipality  in  the  manner  prescribed 
in  The  Consolidated  Municipal  Act,  1903,  a  by-law  author- 
izing the  municipal  corporation  to  enter  into  such  contract 
and  in  case  such  by-law  receives  the  assent  of  the  major- 
ity of  the  electors  voting  thereon,  such  contract  may  be 
entered  into  and  executed  by  the  Commission  and  the 
municipal  corporation,  subject  to  the  approval  of  the  Lieu- 
tenant-Governor in  Council. 

Jndnde»verrnK  8.  After  the  execution  of  such  contract  and  its 
power  to  muni-  approval    by    the    Lieutenant-Governor    in    Council  the 

( 'j  rvfl  IitvuiiGsr 

contract.  Commission  may  proceed  to  transmit  and  deliver 
to  the  municipal  corporation  electrical  power  or 
energy  to  the  extent  mentioned  in  such  contract,  and  the 
municipal  corporation  may  receive,  use,  supply  and  dis- 
tribute such  electrical  power  or  energy  upon  such  terms 
and  subject  to  such  conditions  as  to  rates  and  otherwise  a« 
the  Commission  may  from  time  to  time  prescribe. 

powe/tofaii-  9-1 — (1)  The  Commission  may,  subject  to  the  approval  of 
Ways  and  dis-  ^e  Lieutenant-Governor  in  Council,  enter  into  contracts 
companies.      from  time  to  time  with  railway  companies  or  distribut- 
ing; 


1906. 


HYDRO-ELECTRIC  POWER  COMMISSION.     Chap.  15 


123: 


ing  companies  for  the  supply  of  electrical  power  or  energy 
for  the  purposes  of  such  companies. 

(2)  Any  net  profit  made  by  the  Commission,  in  supplying  appii^nn6 
power  to  a  railway  company  or  distributing  company  under  Jjj™^1^8* 
any  such  contract  after  making  due  provisions  for  the  cost  of  ance  to 
acquiring  or  constructing  and  of  maintaining  the  works  mu,llclPallties- 
through  which  the  power  or  energy  is  supplied  to  such 
company,  shall  be  applied  in  payment  of  the  cost  of  main- 
taining the  works,  if  any,  acquired  or  constructed  and 
operated  by  the  Commission  for  the  purpose  of  transmit- 
ting, electrical  power  or  energy  to  municipal  corporations. 


(3)  The  Commission  may,  from  time  to  time,  with  the  Agreements 

T.      ,  ~  .■■  *      .       .,     for  use  of  ni 


approval  of  the  Lieutenant-Governor  in  Council,  enter  into  of  way  of 

'  railway 
companies. 


right 


a  contract  with  any  railway  company  for  the  use  of  the rai1 


right  of  way  of  such  railway  company  for  the  erection  of 
towers,  poles,  conduits,  works  and  other  constructions  ne- 
cessary for  transmitting  electrical  power  or  energy  by  the 
Commission. 

10.  Every  municipal  corporation  entering  into  a  contract  J^^? °lliiiea 
with  the  Commission  as  hereinbefore  provided  shall,  for  the  c 
purpose  of  using,    distributing   and   supplying  electrical 

power  or  energy  so  contracted  for,  have  the  powers,  per- 
form the  duties  and  be  subject  to  the  like  obligations  as  a 
municipal  corporation  constructing  or  acquiring  works  for 
supplying  electrical  power  or  energy  under  the  provisions  of 
The  Municipal  Light  and  Heat  Act  or  The  Consolidated 
Municipal  Act,  1903.  Provided  that  the  clauses  lettered  (a) 
to  (o9),  both  inclusive,  following  paragraph  4  of  section  566 
of  The  Consolidated  Municipal  Act,  1903,  shall  not  apply 
to  any  municipal  corporation  receiving  from  the  Commis- 
sion and  using  and  distributing  electrical  power  or  energy 
under  the  provisions  of  this  Act,  and  it  shall  not  be  neces- 
sary for  the  council  of  any  municipal  corporation,  before 
passing  any  by-law  or  issuing  debentures  thereunder  for  the 
purposes  of  this  Act,  to  fix  any  price  to  be  offered  to  any 
electric  light  company  or  gas  company  supplying  or  which 
has  heretofore  supplied  electric  light  or  gas  in  such  muni- 
cipality or  to  take  any  further  or  other  proceedings  having 
for  their  object  the  fixing  a  price  to  be  paid  by  the  munici- 
pal corporation  for  the  works  and  plant  of  any  such  com- 
pany or  any  part  thereof,  or  the  purchase  or  expropria- 
tion of  such  plant  or  any  part  thereof  by  such  corporation, 
unless  the  Commission,  upon  application  to  it  by  any  such 
electric  light  company  or  by  the  municipal  corporation, 
shall  otherwise  order  or  direct. 

11.  The  Commission  may,  from  time  to  time,  report  to  Report  of 
the  Lieutenant-Governor  in    Council,    designating    such  ^Tcqulring a* 
lands,  water  privileges,  water  powers  or  the  lands,  works,  works' eU' 
machinery  and  plant,  or  any  portion  thereof  of  any  com- 
pany 


124  Chap.  15.   HYDRO-ELECTRIC  POWER  COMMISSION.  6  EdW.  VII 


panj'  or  person  owning,  or  holding  under  lease  or  other- 
wise, or  developing,  operating  or  using  any  water  privilege 
or  water  power,  or  transmitting  electrical  or  other  power 
or  energy  in  the  Province  of  Ontario  which  should,  in  the 
opinion  of  the  Commission,  be  purchased,  acquired,  leased, 
taken  or  expropriated,  developed,  operated  or  used  by  the 
Commission  for  the  purposes  of  this  Act,  or  may  designate 
what  quantity  of  the  product  of  any  such  corporation  or  in- 
dividual developing  electrical  power  or  energy  in  the  Pro- 
vince of  Ontario,  or  purchasing  such  power  or  energy  the 
Commission  requires  for  the  purposes  of  this  Act. 


teg^ven toma>      12.  The  Lieutenant-Governor  in  Council  may,  from  time 
commission.    f0  time,  upon  the  recommendation   of   the  Commission, 
authorize  the  Commission : 


To  acquire 
lands  and 
works. 


I'lant  and 
property  of 
transmission 
companies. 


(a)  To  acquire  by  purchase,   lease  or  otherwise,  or 

without  the  consent  of  the  owners  thereof  or 
persons  interested  therein  to  enter  upon, 
take  and  use  the  lands,  works,  plant  and 
property  of  any  company  or  person  own- 
ing, using  and  developing  or  operating  lands, 
water,  water  privileges,  or  works,  plant  and 
machinery  for  the  development  of  any  water 
privilege  or  water  power  for  the  purpose  of  gen- 
erating electrical  power  or  energy  or  for  the 
transmission  thereof  in  the  Province  of  Ontario, 
and  to  develop  and  supply  electrical  power  -or 
energy ; 

(b)  To  acquire  by  purchase,   lease  or  otherwise,  or 

without  the  consent  of  the  owners  thereof  or 
persons  interested  therein  to  enter  upon, 
take,  use,  and  to  construct,  maintain  and 
operate  works,  machinery,  plant  and  ap- 
pliances, lines  of  wires,  poles,  tunnels, 
conduits  and  other  works  for  the  transmission 
and  delivery  of  electrical  power  or  energy,  and 
to  conduct,  store,  transmit  and  deliver  electrical 
power  or  energy^,  and  with  such  lines  of  wires, 
poles,  conduits,  motors  or  other  conductors  or  de- 
vices to  conduct,  convey,  transmit,  distribute, 
deliver,  furnish  or  receive  such  electrical  power 
or  energy  to  or  from  any  person  at  any  place 
through,  over,  along  or  across  any  public  high- 
ways, bridges,  viaducts,  railways,  watercourses, 
or  over  or  under  any  waters,  and  through,  over 
or  under  the  lands  of  any  person,  and  to  enter 
upon  any  lands  upon  either  side  of  such  lines  or 
conduits,  and  fell  or  remove  any  trees  or  limbs 
thereof,  or  other  obstructions,  which,  in  the 
opinion  of  the  Commission,  it  is  necessary  to  fell 
or  remove ; 

(r) 


1906. 


HYDRO-ELECTRIC  POWER  COMMISSION.     Cliap.  15 


125 


(c)  To  demand,  order  and  direct  the  delivery  to  the  Com-  ^u1*e|^yer 
mission  of  the  whole  or  any  part  of  the  product  companies." 
of  the  works  of  any  company  or  person  de- 
veloping or  which  proposes  to  develop  a  water 
power  or  water  privilege  for  the  purpose  of  gen- 
erating electrical  power  or  energy  in  the  Pro- 
vince of  Ontario,  or  to  enter  into  agreements 
with  any  such  company  or  person  for  the  sup- 
ply of  such  product  or  any  part  thereof  to  the 
Commission  for  the  purposes  of  this  Act. 

13.  Whenever  the  Lieutenant-Governor  in  Council  shall  Kev'stet0"  37 
authorize  the  Commission  to  enter  into,  take,  use  and  ex- 
propriate the  lands,  works,  plant,  machinery,  poles,  wires 
and  other  property  and  appliances  of  any  such  company  or 
person,  or  to  take  or  expropriate  the  product  of  the 
works  of  any  such  company  or  person  as  aforesaid,  or 
any  portion  thereof,  the  Commission  shall  have  the  powers 
and  shall  proceed  in  the  like  manner  as  is  provided  in  the 
case  of  the  Minister  of  Public  Works  taking  lands  or  pro- 
perty for  the  public  uses  of  the  Province  of  Ontario,  and 
the  provisions  of  The  Public  Works  Act  shall,  mutatis  mu- 
tandis, apply  to  the  Commission  acting  under  the  authority 
of  the  Lieutenant-Governor  in  Council  in  such  behalf. 


14.  The  expenditure  of  the  Commission  upon  any  works,  ^VbOTneby 
undertaken  under  the  provisions  of  this  Act,  shall  be  re-  municipalities, 
payable  to  the  Commission  by  the  municipal  corporations 
entering  into  contracts  with  the  Commission  as  hereinbe- 
fore authorized. 

15.  In  addition  to  the  price  per  horse  power  payable  by  menteatoPbe* 
any  municipal  corporation  under  the  terms  of  a  contract  ™^c^alities 
entered  into  with  the  Commission  (which  price  shall  in- 
clude an  allowance  for  generating,  transforming  and  trans- 
mission losses)  every  municipal  corporation  entering  into 

such  a  contract  shall  annually  pay  to  the  Commission  its 
proportion  of  the  following  charges  : 

(a)  Interest  at  the  rate  of  4  per  cent,  upon  the  moneys 

expended  by  the  Commission  on  capital  account 
in  the  construction  or  purchase  of  the  works, 
plant,  machinery  and  appliances  constructed  or 
acquired  by  the  Commission  for  the  purpose  of 
developing,  transmitting  and  delivering  electri- 
cal power  or  energy  to  such  municipal  corpora- 
tion, and  other  municipalities,  if  any; 

(b)  An  annual  sum  sufficient  to  form  in  thirty  years  a 

sinking  fund  for  the  retirement  of  the  securi- 
ties issued  by  the  Province  of  Ontario  under  this 
Act  for  the  payment  of  the  cost  of  the  works 
hereinbefore  mentioned ; 

(«) 


326 


Chap.  15.    HYDRO-ELECTRIC  POWER  COMMISSION.  6  Ed\V.  VII 


(c)  The  cost  of  operating,  maintaining,  repairing,  re- 
newing and  insuring  the  said  works,  plant, 
machinery  and  appliances. 

^a°rtunment  ^e  Accountant  °f  the  Commission  shall  annually 

payable  by      a  djust  and  apportion  the  amounts  payable  by  municipal 
municipahtiei.  corp0rati0ns  to  the  Commission  under  the  next  preceding 
section. 

Government        j 7   The  Lieutenant-Governor  in  Council  may  from  time 

authorized  to  .  .  _  . .  ~, 

raise  funds  to  time  raise  by  way  of  loan  on  the  credit  of  the  Province 
workSofTy  "r    of  Ontario  as  provided  by  the  Act  passed  in  the  fifth  year 


commission. 


of  His  Majesty's  reign,  Chapter  2,  such  sums  as  may  be 
required  for  the  purposes  hereinbefore  mentioned,  and  the 
proceeds  of  every  such  loan  may  be  paid  over  to  the  Com- 
mission for  the  purposes  of  this  Act  and  be  audited  and 
accounted  for  in  the  manner  provided  by  the  Statutes  of 
this  Province  respecting  the  management  of  the  public 
revenue,  and  public  accounts. 

commission  to      Jg,  All  sums  received  by  the  Commission  from  municipal 

account  for  J  .  .  * 

monies  corporations,  railway  and  other  companies  under  this  Act 
application  of  shall  be  duly  accounted  for  by  the  Commission  and  shall  be 
same.  paid  over  to  the  Treasurer  of  the  Province  of  Ontario,  to  be 

applied  from  time  to  time  in  the  retirement  of  the  securities 
given  by  the  Province  for  any  loan  raised  under  this  Act  by 
the  Lieutenant-Governor  in  Council. 

complaints  as  19. — (1)  Upon  the  complaint  in  writing  of  any  municipal 
b^|hthherated  ('orporation,  company  or  person  that  any  municipal 
cower  or  gas '  corporation,  company  or  person  receiving  power 
irom  the  Commission  under  a  contract  as  herein- 
before mentioned  is  charging  for  supplying  electric 
lighting  or  heating  or  electric  power  or  energy  at  a 
rate  which  is  excessive  or  unfair,  or  that  any  muni- 
cipal corporation  is  making  use  of  the  power  conferred  upon 
it  by  this  Act  for  the  purpose  of  granting  bonuses  by  sup- 
plying power,  light  or  heat  below  cost  to  manufacturers  or 
others,  the  chairman  of  the  Commission  may  appoint  a  time 
and  place  at  which  the  Commission  or  some  member  thereof 
will  hear  and  determine  the  matter  in  dispute. 

Hearing  of  (2)  Such  notice  of  such  appointment  as  the  chairman  may 
•complaints.  direct  shall  be  given  by  the  secretary  of  the  Commission  to 
all  parties  concerned.  At  the  time  and  place  appointed  the 
Commission,  or  with  the  consent  of  all  parties  any  member 
of  the  Commission,  shall  hear  and  determine  the  matter  in 
dispute  and  shall  make  an  order  dismissing  or  allowing  the 
complaint  and  directing  what  rates  shall  be  charged  by  the 
municipal  corporation,  company  or  person  against  whom 
the  complaint  is  made,  and  regulating  and  determining  the 
rates  and  charges  to  be  imposed  by  such  municipal  corpor- 
ation, company  or  person,  and  directing  the  amend- 
ment of  any  by-law  or  agreement  accordingly. 

(3) 


1906. 


HYDRO-ELECTRIC  POWER  COMMISSION.      Chap.  15 


1-27 


(3)  The  Commission  or  the  member  thereof  conducting  the  Powers  of  Com- 
mission o 
enquiry. 


hearing  shall  have  the  powers  authorized  to  be  conferred m 


upon  a  Commissioner  appointed  under  The  Act  respecting 
Enquiries  Concerning  Public  Matters. 


(4)  Any  such  municipal  corporation,  company  or  person  Penalty  for 
neglecting  or  refusing  to  obey  and  carry  out  the  order  or  toSorder1ofCe 
direction  of  the  Commission  or  the  member  thereof  con-  commission, 
ducting  such  case  shall  forfeit  to  His  Majesty  for  the  uses 
of  the  Province  the  sum  of  $100  for  every  day  during  which 
such  refusal  or  neglect  shall  continue. 

20.  The  Commission   shall,  whenever   required   by   the  commission  to 

T.  ,  •      r\  •■!  j       i  ■    j.      report  on  water 

Lieutenant-Covernor  m  Council  so  to  do,  enquire  into,  powers,  etc., 
examine  and  investigate  water  powers  or  water  privileges  in  when  re(iulred' 
the  Province  and  report  to  the  Lieutenant-Governor  in  Coun- 
cil upon  the  value  and  capacity  thereof,  with  such  other 
information  as  the  Lieutenant-Governor  in  Council  may 
require.  Every  report  of  the  Commission  shall  be  laid  be- 
fore the  Legislative  Assembly  at  its  next  ensuing  session. 

21.  No  action  shall  be  brought  against  the  Commission  broughtagaiilst 
•  or  against  any  member  thereof  for  anything  done  or  omit-  Commission 
ted  in  the  exercise  of  his  office  without  the  consent  of  the  consent  of 
Attorney-General  for  Ontario.  Genera? 

22.  The  powers  of  expropriation  conferred  by  this  Act  Extent  of 
shall  extend  to  lands,  works,  rights,  powers  and  privileges,  expropriation, 
notwithstanding  that  the  same  are  or  may  be  deemed  to 

be  devoted  to  a  public  use  or  that  the  owner  thereof  pos- 
sesses the  power  of  taking  lands  compulsorily. 


CHAPTER 


128 


Chap.  16. 


AGRICULTURAL   SOCIETIES.  6    EDW.  VII 


CHAPTER  16. 


An  Act  respecting  Agricultural  Societies. 


Assented  to  14th  May,  1906. 

HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows  :  — 

short  title.  1.  This  Act  may  be  cited  as  The  Agricultural  Societies 

Act. 

interpretation.     2.  In  the  construction  of  this  Act; 

Department.  (1)  "Department"  shall  mean  "The  Department  of 
Agriculture" ; 

Minister.  (2)  "Minister"  shall  mean  "The  Minister  of  Agricul- 

ture for  the  Province  of  Ontario"; 

superintend-  .  (3)  "Superintendent"  shall  mean  "The  Superintendent 
of  Agricultural  Societies"; 

society.  (4)  "Society"    shall    mean    any    agricultural  society 

formed  under  this  or  any  previous  Agriculture  and  Arts 
Act. 

societies  3.  All  agricultural  societies  organized  under  The  Agri- 

culture and  Arts  Act,  shall  be  continued  except  in  so  far 
as  they  may  be  altered  or  affected  by  this  Act. 

Minister  to  de-  4.  The  Minister  may  decide  all  matters  of  doubt  or  dis- 
aris!ngunderm  pute  as  to  the  working  or  construction  of  this  Act,  and  his 
Act-  decision  shall  be  final,  except  that  an  appeal  therefrom 

may  be  made  to  the  Lieutenant-Governor  in  Council. 

inspection.  6.  The  Minister  may  appoint  any  person  or  persons  to 
inspect  the  books  and  accounts  of  any  society  in  the  Pro- 
vince receiving  Government  aid,  under  or  by  virtue  of 
this  Act,  and  may  empower  such  person  to  summon  wit- 
nesses and  enforce  the  production  of  documents  before 
him,  and  to  take  evidence  upon  oath  in  regard  to  such 
inspection ;  and  all  officers  of  any  such  society,  whenever 
required  so  to  do,  shall  submit  the  books  and  accounts 
thereof  to  such  inspection,  and  shall  truly  to  the  best  of 
their  knowledge  answer  all  questions  put  to  them  in  rela- 
tion thereto,  or  to  the  funds  of  such  society. 

6 


1906.  agricultural  societies.  Chap.  16  1'29 


6.  — (1)  Subject  to  the  provisions  of  the  following  subsec- 0rglinization' 
tion  an  agricultural  society,  hereafter,  may  be  organized  in 

any  section  of  the  Province. 

(2)  An  agricultural  society,  hereafter,  shall  not  be  JJ0im?sttaat^°:° as 
organized  within  20  miles  of  an  existing  society,  organ-  from  nearest 
ized  under  this  Act,  or  under  any  former  Agriculture  and 

Arts  Act,  unless  the  physical,  or  other  natural  condi- 
tions of  the  adjoining  country,  are  such  that  the  forma- 
tion of  such  society  will  not  injuriously  affect  the  nearest 
adjoining  society. 

(3)  An  application  for  permission  to  organize  a  new  pl^^&uto01 
society  at  a  specified  point  that  is  within  20  miles  of  the  organize  within 

■     '20  miles  ot  tin- 

headquarters  of  an  existing  society,  shall  be  made  in  writ- other  society, 
ing  to  the  Minister,  and  shall  set  forth  clearly  and  fully 
the  facts  of  the  situation,  and  shall  be  signed  by  at  least 
sixty  of  the  persons  desirous  of  forming  such  society, 
except  in  judicial  districts  or  unorganized  counties,  where 
the  number  shall  be  at  least  40.  Upon  receipt  of  such 
application  the  Minister  shall  instruct  the  Superintendent 
to  confer  with,  and  if  necessary  to  call  a  special  meeting 
of  the  officers  of  the  existing  society  whose  headquarters 
are  at  the  point  nearest  to  the  point  at  which  it  is  proposed 
to  form  a  new  society,  at  which  meeting  said  officers,  by 
resolution,  shall  place  themselves  on  record  as  being  in 
favour  of  or  opposed  to  the  granting  of  said  application. 
Should  said  resolution  favor  the  granting  of  said  appli- 
cation, then  the  Minister  may,  through  Order-in-Council, 
grant  permission  for  the  formation  of  said  society.  When  Arbitration, 
opposition  is  expressed  to  the  granting  of  said  application 
the  Superintendent  shall  call  upon  the  interested  exist- 
ing society,  and  upon  the  petitioners  to  appoint  one  arbi- 
trator each,  and  said  two  arbitrators  shall  appoint  a  third 
arbitrator,  and  these  three  arbitrators,  thus  chosen,  shall 
consider  the  granting  of  said  application,  and  make  a 
recommendation  on  same  to  the  Minister. 

(4)  If  either  the  signers  of  the  petition  or  the  officers  when  Minister 
of  the  interested  existing  society  refuse  to  appoint  an maj  eci 
arbitrator,  then  the  Minister  may  grant  or  refuse  the  appli- 
cation of  the  signers,  as  he  may  deem  best. 

(5)  The  parties  concerned  in  all  such    disputes    shall  Deposit  to 
deposit  with  the  Department   such   moneys    as   may   be cover expenses, 
required  to  pay  all  expenses  connected  therewith,  such 
payment  to  be  made  according  to  the  decision  of  the  arbi- 
trators, or  a  majority  of  them. 

7.  The  mode  of  organization  shall  be  as  follows: —  organization. 

(a)  A  declaration  in  the  form  of  Schedule  A  to  this  °f 
Act  shall  be  signed  by  persons  (residing  with- 
in ten  miles  of  the  point  designated  as  the  head- 
quarters of  the  society)  desiring  to  organize  a 
9s.  society 


130 


Chap.  16. 


AGRICULTURAL  SOCIETIES. 


6  Edw.  VII 


Qualification  of 
members. 


Firms  and  com- 
panies may  be 
members. 


Transmitting 
declaration  to 
Minister. 


First  meeting. 


Quorum . 


society  under  this  Act.  The  number  of  such 
persons  shall  be  at  least  60,  except  in  the  case 
of  societies  organized  in  judicial  districts  and 
unorganized  counties,  where  the  number  shall 
be  at  least  40. 

(b)  No  person  shall  be  considered  a  member  of  any 

society  for  any  year  unless  he  shall  have  paid 
at  least  one  dollar  into  the  funds  of  that  society 
as  membership  fee  for  that  year. 

(c)  Subject  to  the  by-laws  of  the  society,  a  firm,  or 

an  incorporated  company  may  become  a  mem- 
ber of  any  society  incorporated  under  this  Act 
by  the  payment  of  the  regular  fee,  but  the 
name  of  one  person  only  shall  in  any  one  year 
be  entered  as  the  representative  or  agent  of 
such  firm  or  company,  and  that  person  only 
shall  exercise  the  privileges  of  membership  in 
the  society. 

(d)  Within  one  month  after  the  money  has  been  so 

paid  the  said  declaration,  with  the  names  and 
addresses  of  the  signers  of  same,  shall  be  trans- 
mitted to  the  Minister,  who  shall  thereupon 
authorize  a  person  to  call  the  first  meeting  for 
the  organization  of  the  society. 

(e)  The  first  meeting  of  the  society  shall  be  held  dur- 

ing the  third  week  of  January  next  ensuing, 
at  the  point  designated  as  the  headquarters  of 
the  society,  of  which  meeting  at  least  two  weeks' 
public  notice  shall  be  given  by  advertisement 
in  one  or  more  newspapers  published  in  the  dis- 
trict, and  also  by  printed  placards  or  bills 
posted  in  local  places  of  common  resort. 

(/)  At  the  said  first  meeting,  and  at  any  subsequent 
meetings  of  any  agricultural  society  ten  mem- 
bers shall  constitute  a  quorum. 


Election  of 
officers. 


(g). — (i)  At  the  said  first  meeting  there  shall  be  elected 
a  president,  a  first  vice-president,  a  second  vice- 
president,  and  not  more  than  nine  other  direc- 
tors, who  shall  be  duly  qualified  members  of 
the  society,  or  who  must  become  so  within  14 
'days  after  their  election,  and  who,  together 
shall  form  the  board  of  directors,  a  majority 
of  which  board  shall  reside  within  ten  miles 
of  the  place  designated  as  the  headquarters  of 
the  society.  At  the  said  first  meeting  the 
society  shall  appoint  two  auditors  for  the  ensu- 
ing year. 

9a  s.  (ii) 


1906. 


AGltlCULTUKAL  SOCIETIES. 


Chap.  16 


131 


(ii)  On  petition  of  any  society    the    Minister    may Diroctors- 
authorize  the  society  to  elect  not  more  than  six 
persons  to  act  as  directors,  in  addition  to  those 
already  provided  for. 

(Hi)  Societies  may  appoint  not  more    than  six  hon- honorary 
orary  directors,  but  such  directors  shall  not 
have  the  right  to  vote  or  take  part  in  meetings 
of  the  board  of  directors. 

(h)  The  board  of  directors  from  among  themselves  or  secretary  and 
otherwise,  shall  appoint  a  secretary  and  a tmlsurer- 
treasurer,  or  a  secretary-treasurer,  who  shall 
remain  in  office  during  pleasure.  The  secre- 
tary or  the  secretary  treasurer,  by  virtue  of  his 
office,  shall  be  a  member  of  each  committee 
appointed,  and  may  be  given  the  power  of  man- 
aging director,  acting  under  the  control  and 
with  the  approval  of  the  board  of  directors. 

(t)  The  board  of  directors,  from  among  themselves,  Executive 

v  '  .  '        .  ■,,  p  i  committee. 

may  appoint  an  executive  committee  of  not 
more  than  five  members,  to  whom  it  may  desig- 
ate  such  duties  as  it,  by  resolution,  may  specify. 

(j)  A  report  of   the  organization    meeting,  certified  Report  of  or- 
by  the  president,  the  secretary  and  the  conven-  nTee\1n^°tobe 
or,  and  containing  a  statement  of  the  number  *^tt0  Uepiirt" 
of  members  and  a  list  of  the  officers  elected 
and  appointed,  shall  be  sent  to  the  Department 
within  one  week-  after  the  holding  of  the  meet- 
ing. 

. — (a)  Upon  the  receipt  of  such  report  the  society   so  society  when 

jini         i  n  •      i,        ^  organized  to 

organized    snail    be    deemed    an    agricultural  be  deemed  an 
society,  within  the  meaning  of  this  Act,  and  slSety'?11™1 
shall  bear  the  name  designated  in  the  declara- 
tion  as  the   headquarters   of   the   society,  or 
by  such  name  as  may  be  determined  by  the 
members  and  approved  by  the  Minister. 

(b)  For  the  purpose  of  this  Act,  the  headquarters  of  Headquarters 
any  society  organized  under  any  previous  Agri-  °f  society' 
culture  and  Arts  Act  shall  be  the  place  at  which 
the  said  society  held  its  last  annual  exhibition, 
or  which  it  has  designated  by  by-law  or  reso- 
lution, at  a  meeting  duly  called  for  the  pur- 
pose, as  its  headquarters  or  place  of  holding 
its  exhibition,  a  certified  copy  of  which  by-law 
or  resolution  shall  be  forwarded  to  the  Depart- 
ment and  the  said  society  shall  hereafter  be 
designated  by  the  name  of  the  said  place,  or 
by  such  name  as  may  be  determined  by  the 
members  and  approved  by  the  Minister. 

9. 


132 


Chap.  16. 


AGRICULTURAL  SOCIETIES. 


6  Edw.  VII 


societies0*  ^' — ^  °bjects  °^  agricultural  societies  shall  be  to 
promote  improvement  in  agriculture,  horticulture,  arbori- 
culture, domestic  industry,  manufacturers  and  the  use- 
ful arts; 

(a)  By  awarding  premiums  for  live  stock  (other  than 
grade  breeding  males)  for  agricultural  or  horti- 
cultural implements  and  machinery,  for  the 
production  of  grain  and  of  all  kinds  of  vege- 
tables, plants,  flowers,  fruits,  home  manufac- 
tures, and  generally  for  excellence  in  any  agri- 
cultural or  horticultural  production  or  opera- 
tion, article  of  manufacture  or  work  of  art. 

(6)  By  organizing  plowing  matches,  holding  seed 
fairs,  spring  stallion  and  bull  shows,  competi- 
tions respecting  standing  crops,  and  for  the 
best  or  best  managed  farms. 

(c)  By  importing  or  otherwise  procuring  for  the  pur- 

pose of  owning  or  distributing  pure  bred  regis- 
tered animals,  and  seeds  and  plants  of  new  and 
of  valuable  kinds. 

(d)  By    promoting    the    circulation    of  agricultural 

periodicals ; 

(e)  By   offering   prizes   for   essays   on    questions  of 

scientific  inquiry  relating  to  agriculture,  hor- 
ticulture, domestic  industries,  manufactures 
and  the  useful  arts ; 

(/)  By  taking  action  to  eradicate  poisonous  and  ffox- 
ious  insects  and  weeds. 

expe^iduurelo  (2)  Societies  that  expend  any  of  their  funds,  no  matter 
forfeitigrant.    ]l0W  derived,  for   any    purpose    inconsistent    with  those 

herein  mentioned,  shall  forfeit  all  claim  to  the  legislative 

grant. 

ingsUal  meet  10- — (1*)  The  annual  meetings  of  the  several  societies 
shall  be  held  in  the  third  week  of  January  of  each 
year,  at  the  headquarters  of  the  society  and  at  the  hour 
of  one  o'clock  of  the  afternoon.  At  any  such  meeting 
only  those  who  have  paid  their  subscription  for  the  ensu- 
ing year  shall  be  entitled  to  vote. 

meetings  ^  ^eas^  ^w0  weeks'  previous  notice  of  any  such  meet- 

ing shall  be  given  by  advertisment  in  one  or  more  news- 
papers published  in  the  municipality  or  municipalities  in 
which  the  society  is  organized,  and  also  by  printed 
placards  or  bills  posted  in  places  of  common  resort,  or 
by  sending  the  same  by  registered  letter,  mailed  to  the  last 
known  post  office  address  of  each  member  of  the  society 
in  good  standing,  such  notices  to  be  mailed  at  least  one 
week  previous,  and  to  state  time  and  place  of  meeting. 

(3) 


1906. 


AGRICULTURAL  SOCIETIES. 


Chap.  16 


133 


(3)  In  case  any  society  shall,  through  any  cause,  fail  to  en  meeting 
hold  its  annual  meeting  at  the  time  appointed,  the  Mini-  appointed 

.  .  i      t-»      .  time 

ster,  on  petition  of  the  President  and  Secretary,  may  ap- 
point a  time  for  holding  the  same  before  the  first  day  of 
March  in  the  same  jear,  the  meeting  to  be  called  as  for 
the  regular  annual  meeting,  and  this  -  meeting  in  all  par- 
ticulars shall  be  taken  as  the  annual  meeting  of  the 
society. 

(4)  In  the  event  of  the  annual  meeting  not  being  held  Jr°ar*f  ;fu™e°ft. 
as  provided  for  in  this  Act,  or  in  the  event  of  the  number  ing  not  held, 
of  members  on  the  first  day  of  September  in  any  year 

being  less  than  the  number  required  for  organization,  the 
society  shall  not  be  entitled  to  receive  any  further  finan- 
cial aid  from  the  Legislature  of  the  Province,  and  shall 
be  deemed  to  have  dissolved,  but  the  directors  elected  at 
the  last  properly  constituted  meeting  of  the  society  prior 
to  the  said  first  day  of  September  shall  be  deemed  to  be 
the  trustees  of  the  assets  of  the  society  until  the  same  are 
disposed  of  by  the  order  of  the  Minister. 

(5)  In  the  case  of  any  society  being  dissolved  or  ceasing  Reorganization 
to  exist  it  can  be  re-organized  only  by  proceeding  under 

section  7  of  this  Act  and  in  accordance  with  section  6. 

(6)  Upon  being  notified  or  becoming  aware  of  the  dis-  SurpiusaSeTs"' 

l   x«  »  •   i  i        ,i  •  •  n   ,i  to  be  delivered 

solution  of  any  society  under  the  provisions  of  the  pre-  to  department 
ceding  subsections  the   Minister  may  order  the  directors on  dissolutio»- 
to   deliver   over  to  the   Department   the  assets,  if  any 
lemaining  after  all  just  debts  have  been  paid. 

11.  In  addition  to  any  other  business  the  following  busi-  Businessat 
ness  shall  be  transacted  at  the  annual  meeting  :  meeting. 

(a)  The  board  of  directors  shall  present  at  such  meet-  Report  of 
ing  a  report  of  their  proceedings  for  the  past directors' 
calendar  year,  in  which  shall  be  stated  the 
names  of  all  the  members  of  the  society,  the 
amount  paid  by  each  being  set  opposite  to  his 
name,  the  amount  offered  and  also  the  amount 
awarded  in  prizes  for  each  kind  of  live  stock, 
agricultural  products,  implements,  domestic 
products  or  other  objects  respectively,  and  the 
number  of  entries  in  each  class,  together  with 
such  remarks  and  suggestions  upon  the  agri- 
culture and  horticulture  of  the  district,  and  the 
arts  and  manufactures  therein  as  they  are 
enabled  to  offer; 

(6)  The  board  of  directors  shall  present  a   detailed  Statement  of 
statement    of    the    receipts    and  expenditures  rxpendifure. 
for  the  preceding  year,  also  a  statement  of  the 
assets  and  liabilities  of  the  society  at  the  end 
of  the  year,  certified  to  bv  the  auditors; 

(c)  The  officers  and  other  directors  specified  in  clause  J^j.°n  of 
(g)  of  section  7,  and  to  be  qualified  as  therein      *  ' 

provided, 


134 


Chap.  16. 


AGRICULTURAL   SOCIETIES.  6    EDW.  VII 


Reports  to  be 
recorded  and 
fyled . 


provided,  shall  be  elected  by  the  members,  and 
auditors  shall  be  appointed  for  the  ensuing 
year. 

-12.  The  said  reports  shall,  if  approved  by  the  meeting, 
be  placed  on  permanent  record  in  the  books  of  the  society, 
and  shall  also  be  sent  within  one  month  to  the  Department, 
and  the  Minister  may  require  all  such  reports  to  be  made 
out  on  schedules  to  be  supplied  by  the  Department  in 
such  form  as  he  may  direct.  Failure  to  comply  with  these 
requirements  shall  be  sufficient  to  forfeit  all  claim,  on  the 
part  of  the  society,  to  participation  in  the  legislative 
grant. 


By-laws  and 
regulations. 


13. — (a)  The  members  of  each  society  may,  at  an  annual 
meeting  or  at  a  special  meeting,  of  which  two 
weeks'  previous  notice  has  been  given  by  adver- 
tisement in  the  manner  required  by  subsection 
2  of  section  10,  make,  alter  and  repeal  by-laws 
and  regulations  for  the  general  management 
of  the  society;  subject  to  these  by-laws  and 
regulations,  the  board  of  directors  shall  have 
full  power  to  act  for  and  in  behalf  of  the 
society,  and  all  grants  and  other  funds  of  the 
society  shall  be  received  and  expended  under 
their  direction. 


Special 
meetings. 


(6)  On  petition  of  thirty  members  of  any  society,  the 
secretary  shall  call  a  special  meeting  of  the 
society  for  the  consideration  of  such  matters 
as  may  be  set  forth  in  the  petition,  the  meet- 
ing to  be  advertised  as  set  forth  in  subsection 
2  of  section  10,  and  the  advertisements  to  set 
forth  the  nature  of  the  business  to  be  transacted. 


Meetings  of 
board  of 
directors. 


14.  The  first  meeting  of  the  board  of  directors  of  a 
society  may  be  held  upon  the  day  of  the  annual  meeting, 
and  the  subsequent  meetings  shall  be  held  pursuant  to 
adjournment  or  be  called  by  written  notice  given  by  auth- 
ority of  the  president,  or,  in  his  absence,  of  the  first 
vice-president,  or  in  the  absence  or  on  the  neglect  of  the 
president  or  vice-president,  then  on  the  written  request 
of  any  three  of  the  directors,  at  least  one  week  before  the 
day  appointed,  and  at  any  meeting  five  shall  be  a  quorum. 


Societies  to  be 
bodies  cor- 
porate . 


15. — (1)  All  societies  now  or  hereafter  organized,  shall 
be  bodies  corporate,  with  power  to  acquire  and  hold  land 
as  a  site  for  fairs  and  exhibitions  and,  subject  to  the  appro- 
val of  a  meeting  of  the  society  called  for  the  purpose,  to 
sell,  mortgage,  lease,  or  otherwise  dispose  oi  the  same,  or 
anv  other  property  held  by  such  societies. 

(2) 


1906. 


AGRICULTURAL  SOCIETIES. 


Chap.  16  135 


(2)  At  least  two  weeks'  previous  notice  of  such  meeting  Notice  of  meet- 
shall  be  given  by  advertisement   in    one  or  more  news- difpo^iuon^ol" 
papers  published  in  the  county  or  district  and  by  printed  Pr°Perty- 
placard ;  and  at  such  meeting  only  those  persons  shall  be 
entitled  to  vote  who  are  members  for  the  current  year  and 
who  were  members  for  the  two  previous  years. 


(3). — (a)  If  the  owner  of  the  land  selected  as  a  site  for  Acquiring  site, 
fairs  and  exhibitions  approved  of  at  a  meeting  |x  price?11 10 
of  the  society  called  for  that  purpose,  refuses 
to  sell  the  same  or  demands  therefor  a  price 
deemed  unreasonable  by  the  board  of  directors 
then  such  owner  and  such  board  of  directors 
shall  each  forthwith  appoint  an  arbitrator,  and 
the  arbitrators  so  chosen  shall  appoint  a  third 
arbitrator,  and  such  arbitrators  or  a  majority 
of  them  shall  appraise  the  damages  for  such 
land. 


(b)  If  the  directors  or  the  owner  of  such  land  selected  Appointment 

..      0       «   •  j        1  •-,  ...  in  l      ,of  arbitrators. 

as  a  site  tor  fairs  and  exhibitions,  snail  neglect 
or  refuse  to  appoint  an  arbitrator,  the  senior 
county  judge  of  the  county  in  which  the  dis- 
trict lies  may  appoint  an  arbitrator  on  behalf 
of  the  party  so  neglecting  or  refusing  to  ap- 
point an  arbitrator  as  aforesaid. 

(c)  The  arbitrators  so  chosen  shall  have  the  power  topowersof 

hear  and  determine  all  claims  or  rights  of  en-  arbitrators. 
cumbrancers,  lessees,  tenants  or  other  persons 
as  well  as  those  of  the  owner  of  the  land  re- 
quired for  the  purpose  of  such  site  for  fairs  and 
exhibitions,  upon  notice  in  writing  to  every 
such  claimant  or  person. 

(d)  Upon  payment  of  the  amount  of  damages  appraised  Payment  of 

by  a  majority  of  the  arbitrators  appointed  as  comPensation- 
aforesaid,  to  the  owner  or  other  persons  entitled 
thereto  bv  the  directors,  the  land  may  be  taken 
and  used  for  the  purposes  aforesaid. 

(e)  Any  award  for  a  site  for  fairs  and  exhibitions  made  utTetoproperty 

and  published  under  this  Act,  if  there  be  no 
conveyance  shall  be  deemed  thereafter  to  be 
the  title  of  the  society  to  the  land  mentioned 
in  it,  and  shall  be  a  good  title  thereto  against 
all  persons  interested  in  the  property  in  any 
manner  whatever  and  shall  be  registered  in  the 
proper  registry  office,  on  the  affidavit  of  the 
secretary  and  treasurer  or  secretary-treasurer  of 
the  directors  verifying  the  same. 

(/)  The  parties  concerned  in  all  such  disputes  shall  Expensesof 

n    ,n  .  ,    .      ,-,  ,  arbitration. 

pay  all  the  expenses  incurred  m  them,  accord- 
ing 


136 


Chap.  16. 


AGRICULTURAL  SOCIETIES.  6    EDW.  VII 


to  the  award  or  decision  of  the  arbitrators  or 
a  majority  of  them. 

L?eutenant         ^  ^~^e  Prov^s^ons  °f  the  foregoing  subsections  shall 
Governor  to     be  exercised  only  after  consent  in  that  behalf  shall  have 
proceedings,    been  obtained  from  the  Lieutenant-Governor  in  Council 
by  Order  in  Council. 


joint  owner-  16.  Any  township  society  and  town  or  village  muni- 
grounds  and  cipality  that  had,  prior  to  the  4th  day  of  March,  1868, 
buildings.  jointly  purchased  and  held  any  lands  or  buildings  for  the 
purpose  of  agricultural  fairs  or  exhibitions,  may  continue 
j,ointly  to  hold  such  lands  or  buildings,  or  may  sell,  mort- 
gage, lease  or  otherwise  dispose  of  the  same,  subject  to 
the  approval  of  a  meeting  of  the  society  as  provided  in 
section  15. 


Dissolution  of  17.  Where  two  or  more  municipalities  have  been  united 
union  socie  les.  un(jer  ^e  provisions  of  any  former  Agriculture  and  Arts 
Act  to  form  a  township  society,  a  dissolution  of  such  union 
society  may  be  effected  in  the  following  manner :  a  petition 
requesting  a  dissolution  and  the  organization  of  new 
societies  shall  be  signed  by  a  majority  of  the  members 
residing  in  any  one  of  the  municipalities  and  shall  be  for- 
warded to  the  Minister,  and  if  the  number  so  signing  is 
equal  to  the  number  required  for  the  organization  of  a  new 
society  as  in  section  7,  the  Minister  shall  direct  that  new 
societies  shall  be  organized  in  the  manner  prescribed  in 
section  7,  and  the  former  union  society  shall  thereupon 
become  dissolved  and  shall  cease  to  exist. 


Disposition  of       ig     Qn  ^e  dissolution  of  a  union  society  the  assets  of 

assets  on  disso-  .  i    n  i  •  •        i  i  •    ■  i  j 

lution.  the  said  society  shall  be  equitably  apportioned  or  divided 

by  arbitrators,  or  a  majority  o'f  them,  one  to  be  appointed 
by  the  board  of  directors  of  each  of  the  new  societies,  and 
another  arbitrator  to  be  chosen  by  the  arbitrator  so  ap- 
pointed, or  in  the  event  of  the  said  arbitrators  failing  to 
choose  such  arbitrator  within  ten  days  after  being  appoint- 
ed, then  the  Senior  County  Judge  or  the  Stipendiary 
Magistrate  having  jurisdiction  in  the  district  shall  appoint 
such  arbitrator.  In  case  of  disagreement  the  matter  shall 
be  referred  to  the  Senior  Judge  of  the  County  or  the  Stipen- 
diary Magistrate,  for  final  decision. 

toXpartment8  19. — (1)  On  or  before  the  first  day  of  March  of  each 
year,  the  officers  of  everv  society  shall  send  to  the  Depart- 
ment an  affidavit,  sworn  to  before  any  Justice  of 
the  Peace,  in  the  form  of  Schedule  B,  annexed  to  this 
Act,  stating  on  forms  to  be  provided  by  the  Department, 
the  exact  financial  transactions  of  the  society  during  the 
previous  years.  This  statement  shall  set  forth  plain- 
ly   the    number    of    members    in    good    standing  that 

belong 


1906. 


AGRICULTURAL  SOCIETIES. 


Chap.  16 


137 


belong  to  the  society.  This  statement  shall  also 
give  the  amount  of  moneys  that  were  paid  in  prizes  for 
horses,  cattle,  sheep,  swine,  poultry,  articles  of  domestic 
manufacture,  other  products  of  the  farm,  orchard  and 
garden  and  that  were  expended  for  such  other  purposes  as 
are  set  forth  in  section  9  of  this  Act.  If  a  spring  stallion 
show,  a  spring  bull  show,  or  a  combined  spring  stallion 
and  bull  show,  has  been  held,  or  a  spring  seed  fair,  such 
statement  shall  set  forth  separately  and  shall  show  plainly 
the  number  of  entries,  and  the  amounts  expended  in  prizes. 
Such  moneys  shall  be  considered  as  having  been  expended 
for  agricultural  purposes. 

(2)  Any  society  failing  to  send  in  this  statement  within  Failure  to  send 
thirty  days  shall  forfeit  all  claim  to  a  grant  for  the  current m  returns' 
year. 

20.  Every  society  organized  under  or  recognized  by  this  Grants  of 
Act,  shall  be  entitled  to  receive  a  grant  out  of  the  unap-  fu'nds"01"1 
propriated  moneys  in  the  hands  of  the  Treasurer  of  the 
Province,  the  grant  to  be  paid  on  the  recommendation  of 

the  Department,  and  upon  the  following  conditions : 

(a)  That  the  number  of  paid-up  members  for  the  cur- 

rent year  is  not  less  than  sixty,  except  in  the 
case  of  societies  organized  in  judicial  districts 
or  unorganized  counties,  when  the  number  of 
paid  up  members  must  not  be  less  than  forty. 

(b)  That  all  reports  and  returns  required  by  this  Act 

have  been  made  to  the  satisfaction  of  the  Min- 
ister. 

(c)  That  the  annual  meeting  has  been  held  as  required 

and  officers  elected,  in  accordance  with  section 
11. 

(d)  That  the  objects  of  the  said  society,  as  given  in 

section  9,  have  been  strictly  adhered  to,  and 
that  none  of  the  funds  of  the  society,  from  what- 
ever source  derived,  have  been  expended  in  any 
manner  not  in  harmony  with  these  objects. 

21.  An  amount  not  exceeding  $70,000  shall  be  subject  Division  of 
to  division  among  the  societies  of  the  Province  on  the  fol-  Srantncia 
lowing  basis  :  — 

(a)  Societies  that  have  owned  and  maintained  pure 
bred  stock,  for  the  benefit  of  their  members,  for 
a  period  of  at  least  nine  months  during  the  pre- 
ceding year,  shall  receive  a  grant  of  $50  for 
every  registered  stallion,  $20  for  every  regis- 
tered bull,  $10  for  every  registered  boar  and 
$5  for  every  registered  ram  so  owned,  and  a  spe- 
cial 


138  Chap.  16. 


AGRICULTURAL   SOCIETIES.  6    EDW.  VII 


cial  membership  grant  of  one  dollar  for  every 
member  of  the  society  in  good  standing,  up  to 
fifty. 

(b)  Societies  that  bold  a  spring  stallion  show,  a  spring 

bull  show,  or  a  combined  spring  stallion  and 
bull  show  shall  receive  a  grant  equal  to  one 
half  the  sum  expended  in  the  holding  of  such 
show,  but  such  sum  shall  not  exceed  fifty 
dollars. 

(c)  Societies  that  hold  a  spring  seed  fair  shall  receive 

a  grant  equal  to  one  half  the  sum  expended  in 
the  holding  of  such  fair  such  sum  not  to  exceed 
twenty-five  dollars.. 

(d)  Newly  organized  societies,  the  first  three  years  of 

their  existence,  shall  receive  a  grant  each  year 
equal  to  one  dollar  per  member  up  to  600 
members,  except  in  the  case  of  societies  organ- 
ized in  judicial  districts  and  unorganized  coun- 
ties where  the  grant  shall  be  equal  to  two 
dollars  per  member. 

(e)  . — (i)  The  remainder  shall  be  divided  among  the 

societies  of  the  Province,  other  than  new 
societies,  in  proportion  to  the  amount  they  ex- 
pended during  the  preceding  three  years,  for 
agricultural  purposes,  as  shown  by  their  sworn 
statements,  and  as  defined  in  section  19  of 
this  Act,  and  there  shall  not  be  included  in  such 
expenditure  moneys  used  for  the  purchase  or 
maintenance  of  pure  bred  stock,  for  the  hold- 
ing of  spring  stallion  shows,  spring  bull  shows, 
or  combined  spring  stallion  and  bull  shows  or 
for  spring  seed  fairs. 

(it)  Societies  in  judicial  districts  and  unorgan- 
ized counties  shall  be  entitled  to  receive  their 
grants  on  the  basis  of  double  their  actual  ex* 
penditure  for  agricultural  purposes. 

(/)  A  society  shall  not  be  entitled  to  receive  a  total 
grant  exceeding  $800. 

(g)  Should  it  be  found,  within  one  year  after  the 
receipt,  by  the  Department,  of  a  society's 
annual  statement,  that  an  officer  or  officers  of 
the  society,  has  wilfully  made  false  returns, 
with  an  intention  to  deceive,  such  officer  or 
officers  shall  be  liable,  upon  summary  convic- 
tion before  a  Justice  of  the  Peace,  to  a  fine  not 
exceeding  $  100  or  imprisonment  in  the  common 
gaol  of  the  county  for  a  period  not  exceeding 
thirty  days. 

22 


1906. 


AGRICULTURAL  SOCIETIES. 


Chap.  16 


139 


22.  — (1)  It  shall  not  be  lawful  to  carry  on  any  horse-  Horseracing 
racing  other  than  trials  of  speed  under  the  control  and  prohlblted- 
regulation  of  the  officers  of  the  society  during  the  days 
appointed  for  holding  any  exhibition  by  any  society,  at 

the  place  of  holding  the  exhibition  or  within  five  miles 
thereof. 

(2)  Any  person  who  is  guilty  of  a  violation  of  this  sec-  Penalty, 
tion  shall  be  liable,  upon  summary  conviction  before  a 
justice  of  the  peace,  to  a  fine  not  exceeding  $50,  or  im- 
prisonment in  the  common  gaol  of  the  county  for  a  period 

not  exceeding  thirty  days. 

(3)  In  case  any  person  is  convicted  under  this  section,  Society  to  for- 
the  society  thus  proven  to  have  permitted  horse-racing  eitgrant- 
shall  be  debarred  from  receiving  any  portion  of  the  legis- 
lative grant  in  the  next  ensuing  year. 

23.  — (1)  The  exhibition  of  any  society  shall  be  held  at  Exhibitions, 
the  point  designated  as  the  head  quarters  of  the  society. 

(2)  Whenever  the  members  of  any  society  have  by  by-  headquarters 
law  or  resolution  fixed  upon  a  place  as  the  head  quarters  of  society, 
of  the  society,  or  upon  any  place  or  places  for  holding  the 
exhibition  or  exhibitions  of  such  society  for  any  year  or 
years,  then  the  place  or  places  so  designated  shall  not  be 
changed  to  any  place  within  20  miles  of  the  head  quarters 
of  an  existing  society,  but  it  may  be  changed  to  any  place 
not  within  such  radius  upon  the  decision  of  a  majority  of 
the  qualified  voters  as  follows ; — 

(a)  A  special  meeting  shall  be  called  by  the  board  of 

directors,  or  by  thirty  members  as  provided  in 
subsection  (b)  of  section  13,  for  the  expressed 
purpose  of  considering  the  question. 

(b)  At  least  two  weeks'  previous  notice  of  such  meet- 

ing shall  be  given  by  advertisement  as  in  sub- 
section 2  of  section  10. 

(c)  Only  paid-up  members  for  the  current  year  who 

were  also  members  in  the  previous  year  shall 
be  qualified  to  vote. 

(d)  The  meeting  shall  be  called  for  ten  o'clock  in  the 

forenoon,  and  if  a  poll  is  demanded  it  shall  be 
opened  at  once  and  remain  open  until  six 
o'clock,  except  that  it  may  be  closed  by  the 
presiding  officer  of  the  society  if  at  any  time 
one  hour  elapses  without  any  vote  being  polled. 

24.  The  exhibitions  of  any  society  shall  be  held  at  such  l^1,"^  tohave 
place  only  as  shall  afford  sufficient  accommodation  f or  "^Xoda- 
such  exhibitions.  tion. 

25 


140 


Chap.  16. 


AGRICULTURAL  SOCIETIES.  6   EDW.  YII 


Power  to  with-  2o 
hold  prizes 
when  fraud 
shown . 


The  board  of  directors  of  any  association  or  society 
organized  under  this  Act,  on  being  made  aware  of  any 
fraud  having  been  committed  by  any  member  or  exhibitor 
in  the  entry  of  any  stock  or  goods  in  competition  for  prizes 
at  any  exhibition,  shall  have  the  power  of  withholding  the 
payment  of  any  prizes  that  may  have  been  awarded  by  the 
judges  to  such  members  or  exhibitors  on  such  fraudulent 
or  any  other  entries  made  at  any  such  exhibition. 


KEEPING  THE  PEACE,   ETC.,   AT  EXHIBITIONS. 


Appointment 
of  constables. 


26.  Any  Justice  of  the  Peace  having  jurisdiction  in  any 
city,  town,  village  or  township,  wherein  a  fair  or  exhibi- 
tion is  or  is  to  be  held,  shall,  on  the  request  of  the  presi- 
dent or  executive  committee  of  any  agricultural  society, 
appoint  as  many  policemen  or  constables  as  may  be  requir- 
ed, at  the  expense  of  such  society,  said  policemen  or  con- 
stables to  be  named  by  such  society,  whose  duty  it  shall 
be  to  protect  the  property  of  such  society  within  the  exhi- 
bition grounds,  and  to  eject  all  persons  who  may  be 
improperly  within  the  grounds,  or  who  may  behave  in  a 
disorderly  manner,  or  otherwise  violate  any  of  the  rules 
or  regulations  of  such  society. 


Interfering 
with  officers. 


27.  If  any  person  wilfully  hinders  or  obstructs  the  offi- 
cers or  servants  of  any  agricultural  society  in  the  execu- 
tion of  their  duty,  or  gains  admission  to  the  said  grounds 
contrary  to  the  rules  of  such  society,  he  shall  be  liable  to 
a  fine  of  not  less  than  $1  nor  more  than  $20;  such  fine  to 
be  enforced  and  collected  as  fines  are  usually  collected, 
and  to  be  paid  over  to  such  society  for  its  use  and  benefit ; 
and  in  default  of  payment  the  said  offender  shall  be 
imprisoned  in'  the  common  gaol  for  a  period  of  not  more 
than  thirty  days. 


Prohibiting 
certain  shows 
and  perform- 
ances, etc. 


Duty  as  to 
preventing 
improper 
shows. 


28. — (1)  The  officers  of  any  such  society  may  by  their 
rules  and  regulations  prohibit  and  prevent  all  kinds  of 
theatrical  or  circus  or  acrobatic  performances,  exhibitions 
or  shows,  and  may  also  regulate  or  prevent  the  huckster- 
ing or  trafficking  in  fruits,  goods,  wares  or  merchandise 
on  the  exhibition  grounds,  or  within  300  yards  thereof; 
and  any  person  who,  after  due  notice  of  such  rules  and 
regulations,  violates  the  same  shall  be  liable  to  be  removed 
by  the  officers,  policemen  or  constables  of  said  society, 
and  be  subject  to  the  penalty  prescribed  by  the  next  pre- 
ceding section. 

(2)  The  officers  of  any  such  society  shall  prevent  all  im- 
moral or  indecent  shows  and  all  kinds  of  gambling  and  all 
games  of  chance,  including  wheels  of  fortune,  dice  games, 
pools,  coin  tables,  draw  lotteries  or  other  illegal  games  at 
the  place  of  holding  the  exhibition  or  fair,  or  within  300 

yards 


1906. 


AGRICULTURAL  SOCIETIES. 


Chap.  16 


141 


yards  thereof,  and  any  association  or  society  permitting 
the  same  shall  forfeit  all  claim  to  any  legislative  grant 
during  the  year  next  ensuing. 

(3)  The  officers  of  any  such  board  shall  not  allow  any  GambUng 
person  to  exhibit  either  publicly  or  to  any  individual  any 
gambling  device  or  to  bring  any  such  gambling  device 

into  the  buildings  or  upon  the  grounds  in  or  upon  which 
the  exhibition  or  fair  is  being  held. 

(4)  No  person  shall  carry  on,  or  assist,  or  aid  in  carry- Gambling 
ing  on  any  kind  of  gambling,  or  any  game  of  chance,  at  Prohlblted- 
any  agricultural,  live  stock,  or  industrial  exhibition  or 

fair,  or  within  half  a  mile  thereof. 

(5)  It  shall  not  be  lawful  to  sell  or  to  have  for  sale  on  any  sale  of  liquor 
exhibition  ground  during  the  time  of  holding  an  exhibition  p70h™tedS 
any  wine,  beer  or  spirituous  liquors,  and  any  society  per- 
mitting the  same  shall  forfeit  all  claim  to  any  grant  during 

the  next  ensuing  year. 

(6)  Any  person  violating  the  provisions  of  this  'section  Penalty, 
shall  be  liable  on  summary  conviction  to  a  fine  of  not  less 
than  $20  besides  costs,  and  not  more  than  $100  besides 
costs.  •  i 

(7)  This  section  shall  apply  to  all  exhibitions  held  by  Application  of 
societies    coming    within    the    above    mentioned    classes sectl0n' 
whether  incorporated  under  the  said  Act  or  not. 

29. — (1)   Any  Dominion  or  Provincial  constable  shall  ^°^nSj°^  d 
have  the  right  of  free  entrance  to  the  grounds  and  to  all  Provincial 
the  buildings  on  the  grounds  where  a  fair  or  exhibition  is  Constables 
being  held  under  the  direction  of  any  society  or  associa- 
tion to  which  this  Act  applies,  during  the  time  that  the 
fair  or  exhibition  is  being  held. 

(2)  Any  constable  or  other  peace  officer  may,  without  seizing  and 
warning  or  notice,  immediately  seize  all  devices  and  instru-  gambling"^ 
ments  used  by  any  person  in  connection  with  any  kind  of devices-  etc- 
gambling  or  games  of  chance  or  immoral  or  indecent  side 
show,  and  may  arrest  such  person  without  warrant  and 
take  him  before  the  nearest  magistrate  having  jurisdic- 
tion, there  to  be  dealt  with  according  to  law,  and  every 
such  device  or  instrument  after  the  conviction  of  the  per- 
son concerned,  shall  be  destroyed  under  the  direction  of 
the  magistrate  before  whom  the  case  is  tried. 


GENERAL    PROVISIONS    AS    TO  ELECTIONS. 


30.  All  persons  not  under  eighteen  years  of  age  who  who  may  vote 
have  paid  the  membership  subscription  for  the  year  then  at  meetmg- 
next  ensuing  to  any  society  to  which  this  Act  applies,  shall 
have  the  right  of  voting  at  the  election  of  officers,  and  on 
all  other  questions  submitted  to  the  annual  meetings  of 
such  societies. 

31 


142 


Chap.  16. 


AGRICULTURAL   SOCIETIES.  6    EDW.  YII 


When  votes 
may  not  be 
received. 


31.  No  membership  subscription  for  the  ensuing  year 
paid  after  the  president  or  presiding  officer  has  declared 
the  poll  open  for  the  election  of  officers  shall  entitle  any 
member  to  vote  for  such  officers,  nor  shall  any  votes  be 
received  earlier  than  one  o'clock  in  the  afternoon  nor  later 
than  six  o'clock  in  the  afternoon  of  the  same  day. 


Vacancies  in 
offices. 


32.  Except  as  otherwise  provided,  a  vacancy  occurring 
by  the  death  or  resignation  of  any  officer  of  an  agricultural 
society  organized  under  this  Act  may  be  filled  by  the 
remaining  officers  thereof;  and  it  shall  be  the  duty  of 
such  officers,  and  they  are  hereby  empowered  to  nominate 
and  appoint  a  fit  and  proper  person  to  fill  the  office  for 
the  unexpired  term  of  the  person  so  dying  or  resigning; 
but  in  the  event  of  the  remaining  officers  being  insufficient 
to  form  a  quorum,  or  if  for  any  reason  a  quorum  cannot 
be  obtained,  then  persons  to  fill  the  vacant  offices  shall  be 
elected  in  manner  provided  in  the  next  section. 


Failure  to 
elect. 


Special  meet- 
ings for  elec- 
tions. 


33. — (1)  In  the  event  of  an  election  of  any  officers  of 
a  society  coming  within  the  provisions  of  this  Act  not 
being  held  at  the  time  or  place  herein  directed,  or  being 
for  any  reason  illegal  and  void,  then  the  persons  in  office 
at  the  time  when  such  officers  should  have  been  elected 
shall  continue  to  be,  and  shall  be  deemed  to  be,  the  officers 
of  such  society  until  their  successors  are  legally  appointed. 

(2)  In  the  event  of  any  such  non-election  or  illegal  elec- 
tion, a  special  meeting  of  the  members  of  such  society 
shall  be  called  as  soon  as  practicable  for  the  election  of 
such  officers ;  such  meeting  to  be  called  (in  the  manner 
provided  in  subsection  2  of  section  10)  by  the  president, 
or,  in  his  absence  or  on  his  neglect,  by  the  vice-president, 
or  in  the  absence  or  on  the  neglect  of  the  president  and 
vice-president,  then  by  any  three  members  of  the  society 
or  other  body;  and  at  such  meeting  the  election  of  officers 
shall  take  place,  and  the  persons  elected  shall  thenceforth, 
until  their  successors  are  appointed,  be  and  be  deemed  to 
be  the  officers  of  such  society. 


MEETINGS  OF  DIRECTORS. 


Special  meet-  34.  A  special  meeting  of  the  directors  of  any  society 
directors  organized  under  this  Act  may  be  called  by  the  president 
thereof,  or,  in  his  absence  or  on  his  neglect,  by  the  vice- 
president,  or,  in  the  absence  or  on  the  neglect  of  the 
president  or  vice-president,  then  by  any  three  members  of 
such  body,  of  which  meeting  at  least  seven  days'  notice 
shall  be  given  to  each  member;  and,  except  as  otherwise 
provided  for,  a  majority  of  the  directors  of  any  such  body 
shall  be  a  quorum. 

SECURITY 


1906. 


AGRICULTURAL  SOCIETIES. 


Chap.  16  143 


SECURITY  BY  TREASURER. 


35. — (1)  The  treasurer  of  every  society  organized  under  security  by 

treasurer  "* 
society . 


this  Act  before  entering  upon  the  duties  of  his  office  shall tre 


give  such  security,  either  by  joint  or  several  covenant 
with  one  or  more  sureties,  which  may  be  in  such  form  as 
the  board  of  directors  or  other  managing  officers  may  deem 
necessary,  for  the  faithful  performance  of  his  duties,  and 
especially  for  the  duly  accounting  for  and  paying  over  all 
moneys  which  may  come  into  his  hands. 

(2)  It  shall  be  the  duty  of  every  such  board  in  each  and  ^tJ.ociSy^ 
every  year  to  inquire  into  the  sufficiency  of  the  security 

given  by  such  treasurer  and  report  thereon ;  and  where  the 
same  treasurer  for  any  society  is  re-appointed  from  year 
to  year  his  re-appointment  shall  not  be  considered  as  a 
new  term  of  office,  but  as  a  continuation  of  the  former 
appointment,  and  any  bond  or  security  given  to  the  society 
for  the  faithful  performance  of  his  duties  under  such  re- 
appointment shall  continue  valid  as  against  the  parties 
thereto. 

(3)  Where  'the  officers  of  a  society  neglect  to  obtain  Personal  re- 
proper  security  they  shall  become  personally  responsible  iossnslbl'lty  f°r 
for   all   funds  of  the   society  in  the  possession   of  the 
treasurer. 


MUNICIPAL    AID  TO    AGRICULTURAL  AND   OTHER  SOCIETIES. 


36. — (1)  The  municipal  council  of  any  city,  town,  vil- Grants  from 
lage,  county  or  township  in  this  Province  may  grant  or  councils!*1 
loan  money  or  grant  land  in  aid  of  any  agricultural 
society  formed  within  the  limits  of  the  municipality,  or 
partly  within  the  limits  of  such  municipality  and  partly 
within  the  limits  of  other  municipalities,  or  wholly  within 
the  limits  of  an  adjoining  municipality,  when  such  society 
has  made  the  returns  required  by  this  Act  to  be  made  to  the 
Minister,  provided  always  that  the  total  amount  or  value 
of  the  money  or  land  heretofore  or  hereafter  granted  or 
loaned  by  any  municipality  to  an  agricultural  society 
under  this  section  shall  not  exceed,  in  the  case  of  a  city, 
$3,000,  in  the  case  of  a  town,  $2,000,  and  in  the  case  of  a 
village,  $1,000. 

(2)  If  such  grant  is  a  loan  of  money  to  enable  the  security  for,  £ 
society  to  acquire  lands,  such  municipality  may  hold  the  municipalities, 
lands  so  acquired  or  may  take  a  mortgage  thereon,  as 
security  for  the  amount  of  such  grant  until  the  amount 
of  such  grant  be  repaid  to  the  municipality;  and  any  such 
grant  heretofore  made  in  accordance  with  the  provisions 
of  I  his  Act  shall  be  legal  and  valid. 

(3) 


144 


Chap.  16. 


AGRICULTURAL   SOCIETIES . 


6  Edw.  VII 


Agreements  as  (3)  Any  of  the  said  municipalities  owning  lands  or  build- 
ing^6 of  DUIld"  nigs  f°r  public  purposes  shall  have  the  power  to  make 
agreements  on  such  terms  and  for  such  periods  as  they  may 
deem  expedient  with  any  company  now  formed,  or  here- 
after to  be  formed,  under  the  provisions  of  chapter  196 
of  the  Revised  Statutes  of  Ontario,  1897,  or  of  any  amend- 
ment that  may  be  made  thereto,  or  with  any  agricultural 
society  for  the  use  of  such  lands  or  buildings,  or  either  of 
them,  or  for  the  privilege  of  erecting  on  said  lands  (sub- 
ject to  such  terms  as  may  be  agreed  on)  such  buildings 
as  they  may  require  for  agricultural  or  industrial  shows, 
and  to  give  the  said  companies  the  power  of  renting  said 
grounds  and  buildings  when  owned  by  said  company  to 
any  agricultural  society  formed  under  this  Act  or  any 
amendment  thereto,  to  and  for  the  purposes  of  the  annual 
show  or  shows  of  said  society,  and  to  grant  to  such  com- 
pany or  society  the  power  to  collect  during  said  show,  or 
at  other  times,  as  may  be  agreed,  from  any  person  wishing 
to  go  into  or  upon  any  such  grounds  or  buildings,  or  for 
any  privileges  thereon,  or  for  any  carriage,  wagon  or  other 
vehicle,  or  for  any  horse  or  other  animal  that  may  be 
taken  thereon,  such  entrance  fee  or  other  charge  as  the  said 
company  or  society  may  deem  necessary  or  expedient. 

special  aid  37.  In  addition  to  the  amount  divided  under  section  21  of 
to°certa{nes>e  this  Act,  a  sum  not  exceeding  ($5,000)  five  thousand  dollars 
hibitions.  shall  be  subject  to  division  among  The  Industrial  Exhibi- 
tion Association  of  Toronto ;  The  Central  Canada  Exhibi- 
tion Association  of  Ottawa,  and  The  Western  Fair  Associa- 
tion of  London,  in  proportion  to  the  amount  of  moneys 
expended  for  agricultural  purposes  as  set  forth  in  section 
9  of  this  Act,  provided  that  not  more  than  $2,500  be  paid 
to  any  one  society,  upon  the  following  conditions  : 

(a)  That  returns  similar  to  those  required  in  sections 

11  and  19  have  been  made  to  the  Minister; 

(b)  That  the  provisions  laid  down  in  section  28  of  this 

Act  have  been  strictly  adhered  to  or  enforced  in 
connection  with  the  exhibition  held  by  the  so- 
ciety in  the  previous  year. 

Repeal  of  cer-  38.  All  sections  of  The  Agriculture  and  Arts  Act  are 
in  Rev°  Stat?8  hereby  repealed,  in  as  far  as  they  apply  to  agricultural 
c- 43-  societies. 


Commence- 
ment of  Act. 


39.  This  Act  shall  come  into  force  on  the  first  day  of 
February,  in  the  year  one  thousand  nine  hundred  and 
seven. 


SCHEDULE 


1906. 


AGRICULTURAL  SOCIETIES. 


Chap.  16 


145 


SCHEDULE  "A." 
{Section  7). 
Declaration  of  Association. 
We,  whose  names  are  subscribed  hereto,  agree  to  form  ourselves 
into   a  society,  under  the  pro  visions  of  The  Agricultural  Societies  Act, 
to  be  called  the  Agricultural  Society  of   (designating  the  point  that 
the  Department  will  be  asked  to  recognize  as  the  headquarters  of 
the  society),  and  we  hereby  severally  agree  to  pay  to  the  treasurer 
the  sums  opposite  our  respective  names ;  and  we  further  agree  to 
conform  to  the  by-laws  and  rules  of  the  said  society. 

Names.  $  cti. 


SCHEDULE  B. 

(Secticn  19. J 

Affidavit  as  to  Membership  and  Payments  for  Agricultural 

Purposes. 

I,  of  treasurer  of 

the  Agricultural  Society,  make  oath  and 

say  that  during  the  year  ending  31st  day  of  December,  19  ,  the 
said  Agricultural  Society  expended  the  sum  of  dollars, 
solely  for  agricultural  purposes,  as  set  forth  in  the  audited  finan- 
cial statement  of  the  society,  and, 

That  the  number  of  members  of  the  said  society  for  the  present 
year  is 

Sworn  before  me  this 


day 


of 


19 


Treasurer. 


Justice  of  the  Peace  for 
the  County  of 

or  a  Commissioner  in  H.C.J. 


10  S. 


CHAPTER 


146     1      Chap.  17. 


AGRICULTURAL  ASSOCIATIONS.'       6  EDW.  VII 


CHAPTER  17. 


An  Act  respecting  Agricultural  Associations. 


Assented  to  27th  April,  1906. 


HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows  :  — 

short  title.  1.  This  Act  may  be  cited  as  The  Agricultural  Associa- 
tions Act. 

"Association."  2.  The  word  "  Association"  in  this  Act  shall  mean  any  one 
of  the  organizations  referred  to  in  section  3. 

"Minister."  The  word  "  Minister"  in  this  Act  shall  mean  the  Minister  of 
Agriculture. 

certain  bodies     3.  The  following  Associations,  Societies  and  Organizations 
corporations!6  shall  be  or  continue  to  be  bodies  corporate  under  the  pro- 
visions of  this  Act : — 

The  Fruit  Growers'  Association  of  Ontario. 

The  Entomological  Society  of  Ontario. 

The  Dairymen's  Association  of  Eastern  Ontario. 

The  Dairymen's  Association  of  Western  Ontario. 

The  Western  Ontario  Poultry  Association. 

The  Eastern  Ontario  Poultry  Association. 

The  Ontario  Bee-keepers'  Association. 

The  Ontario  Agricultural  and  Experimental  Union. 

The  Dominion  Sheep  Breeders'  Association. 

The  Dominion  Swine  Breeders'  Association. 

The  Dominion  Cattle  Breeders'  Association. 

The  Canadian  Horsemen's  Association. 

The  Ontario  Horse  Breeders'  Association. 

The  Ontario  Vegetable  Growers'  Association. 

(a)  The  name  of  the  Canadian  Horse  Breeders'  Associa- 
tion, incorporated  under  The  Agriculture  and  Arts  Act,  is 
hereby  changed  to  that  of  The  Canadian  Horsemen's  Asso- 
ciation. 

10a  s.  4. 


1906. 


AGRICULTURAL  ASSOCIATIONS. 


Chap.  17 


147 


4.  The  membership  of  each   Association  shill  consist  of  Membership, 
annual  subscribers,  and  the  membership  fee  shall  be  decided 

by  by-law. 

5.  Each  of  such  Associations  shall  have  a  constitution  and  ^t^"t1i°^s_ 
by-laws  under  which  the  Association  shall  be  conducted,  and 

the  constitution  and  by-laws  must  be  approved  by  the 
Minister,  and  any  change,  alteration  or  repeal  of  the  same 
must  be  submitted  to  and  approved  by  the  Minister  before  it 
shall  have  force  or  effect. 

6.  Each  Association  shall  hold  an  annual  meeting  at  such  Annual  . 
time  and  place  as  may  be  determined  by  by-law. 

7.  Each  Association  at  its  annual  meeting  shall  elect  a  Election  of 
Board  of  Directors,  the  number  of  directors,  their  representa- directors- 
tion  of  certain  districts  or  classes  of  members,  and  their  mode 

of  selection  being  determined  by  by-law. 

8.  The  members  may  elect   as  director  a  person  not  a  Director  need 

•  not  dg  roonioor 

member  of  the  Association,  but  the  person  so  elected  must,  of  association, 
within  ten  days,  become  a  memher,  and  he  shall  be  entitled  to 
act  as  director  only  after  he  has  become  a  member  of  the 
Association. 

9.  At  each  annual  meeting  the  retiring  officers  shall  present  statements 
a  full  report  of  their  proceedings,  and  of  the  proceedings  of  meeting, 
the  Association,  and  a  detailed  statement  of  the  receipts  and 
expenditure  for  the  previous  year,  and  of  the  assets  and 
liabilities,  duly  audited  ;  a  copy  of  the  said  report,  a  state- 
ment of  the  receipts  and  expenditure,  a  statement  of  the 
assets  and  liabilities,  a  list  of  the  members  and  a  list  of  the 
officers  elected,  and  also  such  general  information  on  matters 

of  special  interest  to  each  Association  that  such  Association 
has  been  able  to  obtain,  shall  be  sent  to  the  Minister  within 
forty  days  after  the  holding  of  such  annual  meeting. 

10.  The  directors  shall,  from  among  themselves,  elect  a  President  and 
President  and  one  or  more  Vice-Presidents.  vice-president. 


The  directors  shall,  from  among  themselves  or  otherwise, 
elect  a  Secretary  and  a  Treasurer,  or  a  Secretary-Treasurer. 


11.  The  directors  shall  have  full  power  to  act  for  and  on  Powers  of 
behalf  of  the  Association,  and  all  grants  of  money  and  other 
funds  of   the  Association  shall  be  received  and  expended 
under  their  direction,  subject,  nevertheless,  to  the  by-law.s  and 
regulations  of  the  Association. 


AUDIT 


148  Chap.  17.  AGRICULTURAL  ASSOCIATIONS.        6  EDW.  YII 


AUDIT  OF  ACCOUNTS. 


•ccourltf  °£  "2*  ^e  Minister  may  appoint  a  person  who  shall  audit  tbe 
accounts  of  any  of  the  Associations  to  which  this  Act  applies, 
and  such  auditor  shall  present  a  report  of  the  result  of  his 
audit  to  the'  officers  of  the  Association  and  also  to  the 
Minister. 


GENERAL  PROVISIONS  AS  TO  ELECTIONS. 

?ofing°£  13.  The  members  of  any  Association  may  by  by-law  pro- 

vide that  only  those  members  who  have  paid  their  subscrip- 
tions at  least  one  week  in  advance  of  the  annual  meeting 
3hall  be  qualified  to  vote  at  the  annual  meeting  for  the 
election  of  directors. 


14.  Except  as  otherwise  provided,  a  vacancy  occurring  by  the 
death  or  resignation,  or  failure  to  quality  as  member,  of  any 
officer  or  director  may  be  filled  by  the  remaining  officers 
of  the  Association ;  and  it  shall  be  the  duty  of  such  officers,  and 
they  are  hereby  empowered,  to  nominate  and  appoint  a  fit  and 
proper  person  to  fill  the  office  for  the  unexpired  term  of  the  per- 
son so  dying  or  resigning;  but  in  the  event  of  the  remaining 
officers  being  insufficient  to  form  a  quorum,  or  if,  for  any 
reason,  a  quorum  cannot  be  obtained,  then  persons  to  fill  the 
vacant  offices  shall  be  elected  in  manner  provided  in  the  next 
section. 


"Directors  to 
continue  until 
successors 
lawfully 
elected. 


15. — (1)  In  the  event  of  an  election  of  any  directors  of  any 
Association  being  held  at  the  time  or  place  directed  by  by- 
law or  being  for  any  reason  illegal  and  void,  then  the  persons 
in  office  at  the  time  when  such  officers  or  directors  should 
have  been  elected  shall  continue  to  be,  and  shall  be  deemed  to 
be,  the  officers  of  such  Association  until  their  successors  are 
legally  appointed. 


(2)  In  the  event  of  any  such  non-election  or  illegal  election, 
a  special  meeting  of  the  members  of  such  Association  shall  be 
called  as  soon  as  practicable  tor  the  election  of  such  directors  ; 
such  meeting  to  be  called  (in  the  manner  provided  in  sub- 
section 2  of  section  10)  by  the  president,  or,  in  his  absence  or 
on  his  neglect,  by  the  vice-president,  or  in  the  absence  or  on 
the  neglect  of  the  president  and  vice-president,  then  by  any 
three  members  of  the  Association ;  and  at  such  meeting  the 
election  of  officers  shall  take  place,  and  the  persons  elected 
shall  thenceforth,  until  their  successors  are  appointed,  be  and 
be  deemed  to  be  the  officers  of  such  Association. 

MEETINGS 


1906. 


AGRICULTURAL  ASSOCIATIONS. 


Chap.  17 


149 


MEETINGS  OF  DIRECTORS. 

16.  A  special  meeting  of  the  directors  of  any  Association  special 
organized  under  this  Act  may  be  called  by  the  president  ™i?Mtofs°f 
thereof,  or,  in  his  absence  or  on  his  neglect,  by  the  vice- 
president,  or,  in  the  absence  or  on  the  neglect  of  the  president 
or  vice-president,  then  by  any  three  members  of*  such  body, 
of  which  meeting  at  least  seven  days'  notice  shall  be  given  to 
each  member ;  and,  except  as  otherwise  provided  for,  a 
majority  of  the  directors  of  any  such  body  shall  be  a  quorum. 
58  V.,  c.  11,  s.  40. 


SECURITY  BY  TREASURER. 


17. — (1)  The  Treasurer  of  every  Association  organized  security  to  be 
under  this  Act  before  entering  upon  the  duties  of  his  office  treasurer, 
shall  give  such  security,  either  by  joint  or  several  covenant 
with  one  or  more  sureties,  or  other  wise,  as  the  board  of  directors 
or  other  managing  officers  may  deem  necessary,  for  the  faith- 
ful performance  of  his  duties,  and  especially  for  the  duly 
accounting  for  and  paying  over  all  moneys  which  may  come 
into  his  hands. 


(2)  It  shall  be  the  duty  of  every  such  board  in  each  and  Duty  of  board 
every  year  to  inquire  into  the  sufficiency  of  the  security  given  astosecun  y- 
by  such  treasurer  and  report  thereon ;  and  where  the  same 
treasurer  for  any  society  is  re-appointed  from  year  to  year  his 
re-appointment  shall  not  be  considered  as  a  new  term  of 
office,  but  as  a  continuation  of  the  former  appointment,  and 
any  bond  or  security  given  to  the  society  for  the  faithful 
performance  of  his  duties  under  such  re-appointment  shall 
continue  valid  as  against  the  parties  thereto.  58  V ,  c.  11, 
s.  41. 


18.  Each  of  the  said  Associations   shall  be  entitled  to  Legislative 
receive  from  unappropriated  moneys  in  the  hand  of  thegrant' 
Treasurer  of  the  Province  a  specified  sum  to  be  placed  in  the 
estimates  and  voted  by  the  Legislature  for  each  year  on 
the  following  conditions  : 

(a)  That  the  number  of  bona  fide  members  is  at  least  fifty. 

(6)  That  the  secretary  of  each  of  the  said  Associations 
shall,  on  or  before  the  1st  day  of  September  in  each  year, 
transmit  to  the  Minister  an  affidavit,  which  may  be  sworn  to 
before  any  Justice  of  the  Peace,  stating  the  number  of  mem- 
bers who  have  paid  their  subscriptions  for  the  current  year, 
and  the  total  amount  of  such  subscriptions. 

(c)  That  the  general  provisions  of  this  Act  applying  to 
such  Associations  have  been  complied  with. 

(d) 


150 


Chap.  17. 


AGRICULTURAL  ASSOCIATIONS. 


6  Edw.  VII 


(d)  That  none  of  the  funds  of  the  Association,  from  what- 
ever source  derived,  have  been  expended  in  a  manner  incon- 
sistent with  the  purposes  of  organization  of  the  said 
Association. 


Forfeiture  of  19.  If  an  Association  ceases  for  twelve  consecutive  months 
non-user01  to  do  business  as  required  by  this  Act  and  by  its  constitution, 
by-laws  and  rules,  or  if  the  Minister  is  satisfied,  after  an 
enquiry  at  which  the  Association  was  given  due  notice  to 
appear,  that  the  business  of  the  Association  is  not  being  pro- 
perly conducted,  the  Minister  may  declare  the  corporate 
powers  of  the  Association  forfeited 


WINTER  FAIRS. 


winter  fairs  20.  The  Ontario  Provincial  Winter  Fair  and  the  Eastern 
incorporated.  0ntario  Live  stock  and  Poultry  Show  shall  be  corporate 
bodies  under  this  Act,  and  the  Lieutenant-Governor  in  Coun- 
cil may  provide  that  the  sections  of  this  Act  as  far  as  practic- 
able shall  apply  to  these  bodies,  and  may  prescribe  such  Con- 
stitution, rules  and  regulations  as  are  deemed  necessary. 


INCORPORATION  OF  OTHER  ASSOCIATIONS. 

Admission  of  21.  Upon  the  petition  of  any  Association  not  subject  to  the 
other  societies.  provjsjon  0f  this  Act,  but  formed  for  the  purpose  of  advancing 
the  interests  of  any  branch  of  Agriculture,  being  presented  to 
the  Lieutenant-Governor  in  Council,  the  Lieutenant-Governor 
may,  by  Order-in-Council  declare  that  the  sections  of  this 
Act  shall  apply  to  the  Association  or  Society  so  petitioning, 
and  thereafter  the  said  sections  shall  apply  to  such  Associa- 
tion or  Society  in  the  same  manner  and  to  the  same  extent  as 
if  it  had  been  incorporated  under  this  Act,  and  every  such 
Order-in-Council  shall  be  published  in  "  The  Ontario  Gazette  " 
for  two  weeks  following  the  date  of  the  passing  of  such 
Order  in-Council. 


ADVISORY  BOARD. 


Advisory  board     22.— (ct)  An  Advisory  Board  for  Live  Stock  may  be  formed 
for  live  stock.   ^  a(ivjse  ^he  ]\£inister  regarding  matters  of  interest  to  the 
live  stock  industry.    The  Lieutenant-Governor  may  by  Order- 
in-Council  direct  how  the  Board  shall  be  constituted  and  may 
prescribe  the  duties  and  powers  of  the  Board. 


Allowance  for      {b)  Members  of  the  Advisory  Board  shall  receive  an  allow- 
expenses.       ance  for  time  attending  meetings  of  the  Board,  or  a  Commit- 
tee of  the  Board ;  also  the  necessary  travelling  expenses  in 
attending  such  meetings. 

<  farmers' 


1906.  AGRICULTURAL  ASSOCIATIONS.  Chap.  17  151 

farmers'  and  women's  institutes. 
23 — (a)  The  formation  of  Farmers'  Institutes  andof  Women's  Farmers'  and 

W  o m Gil  s 

Institutes  for  the  purpose  of  disseminating  information  in  institutes, 
regard  to  agriculture,  and  of  improving  domestic  life  shall  be 
permitted  under  this  Act. 

(b)  The  Lieutenant-Governor  in  Council  may,  upon  recom- 
mendation of  the  Minister,  make  rules  and  regulations  pro- 
viding for  the  number  and  location  of  the  Farmers'  Institutes 
and  Women's  Institutes,  for  the  general  guidance  and  direc- 
tion of  the  same,  and  fixing  the  grants  and  conditions  upon 
which  the  grants  are  to  be  paid. 

24.  All  the  sections  of  The  Agriculture  and  Arts  Act  hav-  Repeal  of 
ing  reference  to  the  Associations  mentioned  in  section  3  of  enactments, 
this  Act  and  also  to  Farmers'  Institutes  are  hereby  repealed. 


CHAPTER 


152 


Chap.  18. 


HORTICULTURAL  SOCIETIES.         6  EDW.  VII 


CHAPTEE  18. 


An  Act  respecting"  Horticultural  Societies. 

Assented  to  14th  May,  1906. 

HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows : 

short  title.         1.  This  Act  may  be  cited  as  Hie  Horticultural  Societies 
Act. 


Interpretation . 
"Department." 

"  Minister." 


"  Superintend- 
ent." 


•'  Society.' 


2.  In  the  construction  of  this  Act 

(a)  "Department"    shall   mean  The   Department  of 
Agriculture. 

(6)  "Minister"  shall  mean  the  Minister  of  Agriculture 
for  the  Province  of  Ontario. 

(c)  "Superintendent"  shall  mean  the  Superintendent 

of  Horticultural  Societies. 

(d)  "Society"  shall  mean   any   Horticultural  Society 

organized  under  this  Act  or  under  any  former 
Agriculture  and  Arts  Act. 


Societies 
continued. 


3.  All  horticultural  societies  organized  under  The  Agri- 
culture and  Arts  Act  shall  be  continued,  except  in  so  far 
as  they  may  be  affected  by  this  Act. 


Minister  to  de- 
cide disputes. 


4.  The  Minister  may  decide  all  matters  of  doubt  or  dis- 
pute as  to  the  working  or  construction  of  this  Act,  and  his 
decision  shall  be  final  except  that  an  appeal  therefrom  may 
be  made  to  the  Lieutenant-Governor  in  Council. 


Inspection  of 
books  and 
accounts. 


5.  The  Minister  may  appoint  any  person  or  persons  to 
inspect  the  books  and  accounts  of  any  society  receiving  Gov- 
ernment aid,  under  or  by  virtue  of  this  Act,  and  may 
empower  such  person  or  persons  to  summon  witnesses  and 
enforce  the  production  of  documents  before  him,  and  to 
take  evidence  upon  oath  in  regard  to  such  inspection;  and 
all  officials  of  any  such  societv  whenever  required  to  do  so 

shall 


1906. 


HORTICULTURAL  SOCIETIES. 


Chap.  18 


153 


shall  submit  the  books  and  accounts  thereof  to  such  inspec- 
tion, and  shall  truly,  to  the  best  of  their  knowledge,  answer 
all  questions  put  to  thern  in  relation  thereto,  or  to  the  funds 
of  such  society. 

ORGANIZATION. 

6.  A  horticultural  society  may  be  hereafter  organized  Organization, 
in  any  city,  town  or  incorporated  village. 

7.  The  mode  of  organization  shall  be  as  follows:  MembTrshij)01 

(a)  Awdeclaration,  in  the  form  of  Schedule  "A"  to  this 
Act,  shall  be  signed  by  those  persons  (residents 
of  the  municipality  in  which  the  society  is 
organized)  desiring  to  organize  a  society  under 
this  Act.  In  the  case  of  a  city  having  a  popu- 
lation of  30,000  or  over  the  number  of  such  per- 
sons shall  be  at  least  125 ;  in  the  case  of  a  city 
with  a  population  of  less  than  30,000  the  num- 
ber shall  be  at  least  75.  Societies  organized  in 
towns  having  a  population  of  2,000  or  over, 
shall  have  at  least  60  members,  and  in  the  case 
of  an  incorporated  village  the  number  shall  be 
at  least  50. 

(6)  No  person  shall  be  considered  a  member  of  any  ^ue^fiecra8tion  or 
Horticultural  Society  for  any  year  unless  he 
shall  have  paid  at  least  one  dollar  into  the  funds 
of  that  society  as  membership  fee  for  that  year. 

(c)  Subject  to  the  by-laws  of  the  society,  a  firm  or  an  compares. 

incorporated  company  may  become  a  member 
of  any  society,  organized  under  this  Act,  or'  any 
former  Agriculture  and  Arts  Act,  by  the  pay- 
ment of  the  regular  fee,  but  the  name  of  one 
person  only,  in  any  one  year,  shall  be  entered 
as  the  representative  or  agent  of  any  firm  or 
company,  and  that  person  only  shall  exercise  the 
privileges  of  membership  in  the  society  or  organ- 
ization. 

(d)  Within  one  month  after  the  money  has  been  so  paid  CaiHngfirst 

the  said  declaration,  with  the  names  and  ad- meetmg- 
dresses  of  the  signers  of  same,  shall  be  trans- 
mitted to  the  Minister,  who  shall  thereupon 
instruct  the  Superintendent  to  authorize  a  per- 
son to  call  the  first  meeting  for  the  organization 
of  the  society. 

(<?)  The  first  meeting  of  the  society  shall  be  held  dur-  when  meeting 
ing  the  second  week  in  January  next  ensuing,  t0  be  held" 
of  which   meeting   at   least  two  weeks'  public 
notice  shall  be  given  by  advertising  in  one  or 
more  newspapers  published  in  the  district. 

(/) 


154 


Chap.  18. 


HORTICULTURAL  SOCIETIES.         6  EDW.  VII 


Quorum. 


Election  of 
first  officers. 


Secretary- 
Treasurer. 


Report  of  first 
meeting. 


(/)  At  the  said  first  meeting,  and  at  any  subsequent 
meetings  of  any  horticultural  society,  ten  mem- 
bers shall  constitute  a  quorum. 

(g)  At  the  said  first  meeting  there  shall  be  elected  a  presi- 
dent, a  first  vice-president,  a  second  vice-presi- 
dent, and  not  more  than  nine  other  directors, 
all  of  whom  must  be  members  of  the  society,  in 
good  standing,  or  who  must  become  so  within 
fourteen  days  after  their  election,  who,  together 
shall  form  the  board  of  directors,  a  majority  of 
which  board  shall  reside  in  the  municipality  in 
which  the  society  is  organized.  At  the  said  first 
meeting  the  society  shall  appoint  two  auditors 
for  the  ensuing  year. 

(h)  The  board  of  directors,  from  among  themselves  or 

otherwise,  shall  appoint  a  secretary  and  a  treas- 
urer, or  a  secretary-treasurer,  who  shall  remain 
in  office  during  pleasure.  The  secretary  or  the 
secretary-treasurer,  by  virtue  of  his  office,  shall 
be  a  member  of  each  committee  appointed  and 
may  be  given  the  power  of  managing  director, 
acting  under  the  control,  and  with  the  approval 
of  the  board  of  directors. 

(i)  A  report  of  the  organization  meeting,  certified  by 

the  president,  a  first  vice-president,  a  second 
vice-president,  the  secretary  and  the  convener, 
and  containing  a  statement  of  the  number  of 
members  and  a  list  of  the  officers  elected  and 
appointed,  shall  be  sent  to  the  Department 
within  one  week  after  the  holding  of  the  meet- 
ing. 


Receipt  of 
report  to 
complete 
organization. 


8.  Upon  the  receipt  of  such  report  the  society  so  organ- 
ized shall  be  deemed  a  horticultural  society,  and  each  soci- 
ety so  organized  shall  be  entitled  to  participate  in  the  legis- 
lative grant  hereinafter  provided,  and  to  enjoy  all  the  privi- 
leges granted  by  this  Act. 


Objects  of 
societies. 


9. — (1)  The  objects  of  horticultural  societies  shall  be  to 
encourage  improvement  in  horticulture. 

(a)  By  holding  meetings  for  discussion  and  for  hear- 

ing lectures  on  subjects  connected  with  the 
theory  and  practice  of  improved  horticulture 

(b)  By  holding  exhibitions  and  awarding  premiums  itv 

the  production  of  vegetables,  plants,  flowers, 
fruits,  trees  and  shrubs. 

(c)  By  the  distribution  of  seeds,  plants,  bulbs,  flowers, 

shrubs  and  trees  in  ways  calculated  to  create  an 
interest  in  horticulture. 

(<*) 


1906. 


HORTICULTURAL  SOCIETIES. 


Chap.  18 


155 


(d)  By  promoting  the  circulation  of  horticultural  peri- 

odicals. 

(e)  By  encouraging  the  improvement  of    home  and 

public  grounds,  by  the  planting  of  trees,  shrubs 
and  flowers,  and  by  otherwise  promoting  out- 
door art  and  public  beauty. 

(/)  By  offering  prizes  for  essays  on  questions  relating 
to  horticulture. 

(g)  By  importing  and  otherwise  procuring  and  dis- 
>.  tributing  seeds,  plants,  shrubs,  and  trees  of  new 
and  of  valuable  kinds. 

(2)  A  society  shall  not  expend  more  than  one-third  of  its  Expenditure 
total  receipts  in  any  one  of  the  lines  of  work  mentioned. 

No  society  shall  hold  an  exhibition,  or  offer  premiums,  in 
connection  with  the  exhibition  of  any  agricultural  society 
or  societies. 

(3)  None  of  the  funds  of  any  such  society,  however  de-  Funds  not  to  be 
rived,  shall  be  expended  for  any  purpose  inconsistent  with expended  in- 
those  mentioned.    Societies  violating  any  of  the  provisions 

of  this  and  the  preceding  subsection  shall  forfeit  all  claim 
to  the  Government  grant. 

10. — (1)  The    annual   meetings    of    societies  shall  be  Annual 
held  during  the   third   week    in   January  of  each  year  meetmgs' 
at  such  time  and  place,  as  the  board  of  directors  may 
determine.    At  any  such  meeting  those  members  only  who 
have  paid  their  subscriptions  for  the  ensuing  year  shall  be 
entitled  to  vote. 

(2)  At  least  two  weeks'  previous  notice  of  any  such  meet-  Notice  of 
ing  shall  be  given  by  advertisement  in  one  or  more  news- meetings' 
papers  published  in  the  municipality,  and  also,  by  printed 
placards  or  bills  posted  in  places  of  common  resort,  or  by 
sending  the  same  by  registered  letter  mailed  to  the  last 
known  post  office  address  of  each  member  of  the  society  in 

good  standing;  such  notices  to  be  mailed  at  least  one  week 
previous,  and  to  state  time  and  place  of  meeting. 

(3)  In  case  any  society  shall,  through  any  cause,  fail  to  Failure  to  hold 
hold  its  annual  meeting  during  the  third  week  in  January,  ^luVaAfrne. 
the  Minister,  on  petition  of  twenty  members,  may  appoint 

a  time  for  holding  the  same  before  the  first  day  of  April  in 
the  same  year,  the  meeting  to  be  called  as  for  the  regular 
annual  meeting,  and  this  meeting  in  all  particulars  shall 
be  taken  as  the  annual  meeting  of  the  society. 

(4)  In  the  event  of  the  annual  meeting  not  being  held  as  Dissolution  of^ 
provided  for  in  this  Act,  or  in  the  event  of  the  number  of  ing  not  held, 
the  members  on  the  first  day  of  May  in  any  year  being  less 

than  the  number  required  for  organization,  the  society  shall 
not  be  entitled  to  receive  any  further  financial  aid  from 
the  Legislature  of  the  Province,  and  shall  be  deemed  to 

have 


156 


Chap.  18. 


HORTICULTURAL  SOCIETIES. 


6  Edw.  VII 


have  been  dissolved,  but  the  directors  elected  at  the  last 
properly  constituted  meeting  of  the  society,  prior  to  the  said 
first  day  of  May,  shall  be  trustees  of  the  assets  of  the  society 
until  the  same  are  disposed  of  by  order  of  the  Minister. 

Delivery  over       (5)  Upon  being  notified  or  becoming  aware  of  the  disso- 
departme^t  on  lution  of  any  society  under  the  provisions  of  the  preceding 
dissolution.     subsection,  the  Superintendent  may  order  the  directors  to 
deliver  over  to  the  Department  the  assets,  if  any,  remain- 
ing after  all  just  debts  have  been  paid. 


Annual  report.  H. — (a)  The  board  of  directors  shall  present  at  such 
meeting  a  report  of  their  proceedings  for  the 
past  calendar  year,  in  which  shall  be  stated  the 
names  of  all  the  members  of  the  society,  the 
amount  of  money  expended  in  each  of  the  lines 
of  work  open  to  horticultural  societies,  as  out- 
lined in  section  9  of  this  Act.  When  an  exhi- 
bition or  exhibitions  have  been  held  and  prem- 
iums awarded  the  report  shall  show  the  total 
amount  offered  in  prizes  at  each,  the  amount 
paid  in  prizes,  and  the  number  of  entries. 

(6)  The  board  of  directors  shall  present  a  detailed 
statement  of  the  receipts  and  expenditures  for 
the  preceding  year,  also  a  statement  of  the  assets 
and  liabilities  of  the  society,  at'  the  end  of  the 
year,  certified  to  by  the  auditors. 

(c)  The  officers  and  other  directors  specified  in  clause 
(/)  of  section  7,  and  to  be  qualified  as  therein 
provided,  shall  be  elected  by  the  members,  and 
auditors  shall  be  appointed  for  the  ensuing  year. 


Detailed  state- 
ment of 
accounts. 


Election  of 
officers. 


Reports  to  be 
placed  on 
record . 


12.  The  said  reports  shall,  if  approved  by  the  meeting, 
be  placed  on  permanent  record  in  the  books  of  the  society, 
and  shall  be  sent  within  one  month  to  the  Department,  and 
the  Minister  may  require  all  such  reports  to  be  made  out 
on  schedules  to  be  supplied  by  the  Department  in  such  form 
as  he  may  direct.  Failure  on  the  part  of  the  society  to 
comply  with  these  requirements  shall  be  sufficient  to  for- 
feit all  claim  to  participation  in  the  legislative  grant. 


By-laws.  13.  The  members  of  each  society  may,  at  any  annual 

meeting,  or  at  a  special  meeting,  of  which  two  weeks'  pre- 
vious notice  has  been  given  in  the  manner  required  by  sub- 
section 2  of  section  10,  make,  alter  and  repeal  by-laws  and 
regulations  for  the  general  management  of  the  society ; 
subject  to  these  by-laws  and  regulations,  the  board  of 
directors  shall  have  power  to  act  for  and  in  behalf  of  the 
society,  and  all  grants  and  other  funds  of  the  society  shall 
be  received  and  expended  under  their  direction. 

14. 


1906. 


HORTTCUI/i  URAL  SOCIETIES. 


Chap.  18 


157 


14.  The  first  meeting  of  the  board  of  directors  of  a  society  Meetings  of 

Directors. 

may  be  held  on  the  day  of  the  annual  meeting,  and  the  sub- 
sequent meetings  may  be  held  pursuant  to  adjournment,  or 
be  called  by  written  notice  given  by  authority  of  the  presi- 
dent, or  in  his  absence  of  the  first  vice-president,  or  in  the 
absence  or  neglect  of  the  president,  or  vice-president,  then 
on  the  written  notice  of  three  of  the  directors,  at  least  one 
week  before  the  day  appointed,  and  at  any  meeting  five 
shall  be  a  quorum. 


15.  Where  two  or  more  municipalities  have  been  united  Dissolution  of 
under  the  provisions  of  any  former  Act,  to  form  a  horti- Umonsocietiei 
cultural  society,  a  dissolution  of  such  union  society  may  be 
effected  in  the  following  manner :  A  petition  requesting 
the  dissolution  and  the  organization  of  new  societies  shall 
be  signed  by  a  majority  of  the  members  residing  in  any  one 
of  the  municipalities,  and  shall  be  forwarded  to  the  Min- 
ister, and  if  the  number  so  signing  is  equal  to  the  number 
required  for  the  organization  of  a  new  society  as  in  section 
7,  the  Minister  shall  direct  that  new  societies  shall  be  organ- 
ized in  the  manner  prescribed  in  section  7,  and  the  former 
union  society  shall  thereupon  become  dissolved  and  shall 
cease  to  exist. 


16.  On  the  dissolution  of  a  union  society  the  assets  of  Distribution  of 
the  said  society  shall  be  equitably  apportioned  or  divided  dissolution, 
by  arbitrators,  or  a  majority  of  them,  one  to  be  appointed 

by  the  board  of  directors  of  each  of  the  new  societies,  and 
another  arbitrator  to  be  chosen  by  the  arbitrators  so  ap- 
pointed, or,  in  the  event  of  the  said  arbitrators  failing  to 
choose  such  arbitrator  within  ten  days  after  being  ap- 
pointed, then  the  senior  county  judge  or  the  stipendiary 
magistrate  having  jurisdiction  in  the  district  shall  appoint 
such  arbitrator.  In  case  of  disagreement  the  matter  shall 
be  referred  to  the  senior  judge  of  the  county  or  the  sti- 
pendiary magistrate  for  final  decision. 

17.  — (a)  On  or  before  the  first  day  of  May,  of  each  year,  ments^be6' 

the  officers  of  every  society  shall  send  to  the  ^"^1^^" 
Department  an  affidavit,  that  may  be  sworn  to  e 
before  any  justice  of  the  peace,  in  the  form  of 
Schedule  "B"  annexed  to  this  Act,  stating,  on 
forms  to  be  provided  by  the  Department,  the 
exact  financial  transactions  of  the  society  dur- 
ing the  previous  year.  This  statement  shall 
set  forth  plainly  the  number  of  members  in  good 
standing  that  belong  to  the  society,  the  amounts 
paid  in  prizes  for  horticultural  productions,  and 
the  amounts  expended  for  each  of  the  purposes 
defined  in  section  9  of  this  Act.  This  statement 
also  shall  set  forth  the  amounts  expended  for 
officers'  salaries  and  expenses  and  for  the  defray- 
ment 


158 


Chap.  18. 


HORTICULTURAL  SOCIETIES.         6  EDW.  YII 


ment  of  all  other  expenses  legitimately  incurred 
by  the  society  in  its  work.  Such  moneys  shall 
be  considered  as  having  been  expended  for  hor- 
ticultural purposes. 

makin5'  false  ^  Should   it  be  found,  within  one  year  after  the 

returns.  receipt  by  the  Department  of  a  society's  annual 

statement,  that  an  officer  or  officers  of  the  soci- 
ety has  wilfully  made  false  returns  with  an 
intention  to  deceive,  such  officer  or  officers  shall 
be  liable  upon  summary  conviction  before  a 
justice  of  the  peace,  to  a  fine  not  exceeding  $100 
or  less  than  $20,  or  imprisonment  in  the  com- 
mon gaol  of  the  county  for  a  period  not  exceed- 
ing six  months  or  less  than  two  weeks. 

Grant  out  of  18.  Every  horticultural  society  organized  under  or  re- 
furndsncial  cognized  by  this  Act  shall  be  entitled  to  receive  a  grant  out 
of  the  unappropriated  moneys  in  the  hands  of  the  Treasurer 
of  the  Province,  the  grant  to  be  paid  on  the  recommenda- 
tion of  the  Superintendent,  and  on  the  following  condi- 
tions : 

(a)  That  the  number  of  paid-up  members  for  the  cur- 

rent year  is  not  less  than  the  number  required 
for  organization. 

(b)  That  all  reports  and  returns  required  by  this  Act 

have  been  made  to  the  satisfaction  of  the  Super- 
intendent. 

(c)  That  the  annual  meeting  has  been  held  as  required, 

and  officers  elected,  in  accordance  with  section 
11. 

(d)  That  the  objects  of  the  said  society,  as  given  in 

section  9,  have  been  strictly  adhered  to,  and 
that  none  of  the  funds  of  the  society,  from 
whatever  source  derived,  have  been  expended  in 
any  manner  not  in  harmony  with  these  objects. 

Provincial  19.  An   amount   not  exceeding   $8,000   shall   be  sub- 

fund  in  aid  of  -ject  to  division  among  the  Horticultural  Societies  of  the 

societies.  J  ■  ° 

Province  as  follows : 

(a)  $2,400  shall  be  subject  to  division  among  all  the 

societies  in  proportion  to  the  total  number  of 
members  of  each  society  in  the  preceding  year. 

(b)  $4,800  shall  be  subject  to  division  among  all  the 

societies  in  proportion  to  the  total  amount  ex- 
pended by  each  society  during  the  preceding 
year  for  horticultural  purposes,  as  shown  by 
their  sworn  statement  provided  for  in  section 
17.' 

(c) 


1906.  HORTICULTURAL  SOCIETIES.  Chap.  18  159 


(c)  In  addition  to  the  above,  $800  shall  be  subject  to 
division  among  the  Horticultural  Societies  in 
cities  having  a  population  of  30,000  or  over, 
in  proportion  to  the  number  of  members  in  the 
current  year,  as  shown  by  sworn  statement  pro- 
vided for  in  section  17. 


20.  The  exhibitions  of  any  society  shall  be  held  within  Exhibitions, 
the  limits  of  the  municipality  in  which  the  society  is  organ- 
ized, and  shall  be  held  at  such  place  as  shall  afford  suf- 
ficient accommodation  f<jr  such  exhibitions. 


21.  The  board  of  directors  of  any  society  organized  under  Fraud  in  ob- 
this  Act,  on  being  made  aware  of  any  fraud  having  been  aining  prlzes- 
committed  by  any  member  or  exhibitor  in  the  entry  of  any 
horticultural  product  in  competition  for  prizes  at  any  exhi- 
bition, shall  have  the  power  of  withholding  the  payment 

of  any  prizes  that  may  have  been  awarded  by  the  judges  to 
any  members  or  exhibitors  on  such  fraudulent,  or  any 
other  entries  made  at  any  such  exhibition. 

22.  Any  justice  of  the  peace  having  jurisdiction  in  any  ^P^^f"* 
city,  town  or  village,  wherein  an  exhibition  is  held,  shall  e" 
on  request  of  the  president  or  executive  committee  of  any 
horticultural  society,  appoint  as  many  policemen  or  con- 
stables as  may  be  required  at  the  expense  of  the  said  soci- 
ety, whose  duty  it  shall  be  to  protect  the  property  of  such 
^ciety,  and  to  eject  all  persons  who  may  be  improperly 

within  the  grounds,  or  on  the  premises,  or  who  may  behave 
in  a  disorderly  manner,  or  otherwise  violate  any  of  the 
rules  or  regulations  of  such  society. 

23.  If  any  person  wilfully  hinders  or  obstructs  the  officers  ^f^"111^* 
or  servants  of  any  horticultural  society  in  the  execution  of 

their  duty,  or  gains  admittance  to  the  exhibitions  of  such 
society  contrary  to  the  rules  of  such  society,  he  shall  be 
liable  to  a  fine  of  not  less  than  f  1  and  not  more  than  $20, 
such  fine  to  be  enforced  and  collected  as  fines  are  usually 
collected,  and  to  be  paid  over  to  such  society  for  its  use 
and  benefit;  and  in  default  of  payment  the  said  offender 
shall  be  imprisoned  in  the  common  gaol  for  a  period  of  not 
more  than  30  days. 

24.  All  persons,  not  under  eighteen  years  of  age,  who  Right  to  vote 
^ave  paid  the  membership  subscription  for  the  year  then  at  meotlIlg 
ensuing  to  any  society  to  which  this  Act  applies,  shall  have 

the  right  of  voting  at  the  election  of  officers,  and  on  all 
other  questions  submitted  to  the  annual  meetings  of  such 
societies. 


25. 


160 


Chap.  18. 


HORTICULTURAL  SOCIETIES. 


6  Edw.  VII 


paidafterpoii  ^°  memDership  subscription  for  the  ensuing  year 

opens.  paid  at  the  annual  meeting  after  the  president  or  presiding 

officer  has  declared  the  poll  open  for  the  election  of  officers, 
shall  entitle  any  person  to  vote  for  such  officers. 

vacancies  in  26.  Except  as  otherwise  provided,  a  vacancy  occurring 
by  the  death  or  resignation  of  any  officer  of  a  horticultural 
society  organized  under  this  Act  may  be  filled  by  the  re- 
maining officers  thereof ;  and  it  shall  be  the  duty  of  such 
officers,  and  they  are  hereby  empowered  to  nominate  and 
appoint  a  fit  and  proper  person  to  fill  the  office  for  the 
unexpired  term  of  the  person  so  dying  or  resigning;  but  in 
the  event  of  the  remaining  officers  being  insufficient  to  form 
a  quorum,  or  if  for  any  reason  a  quorum  cannot  be  obtained, 
then  persons  to  fill  the  vacant  offices  shall  be  elected  in 
manner  provided  in  the  next  section. 

illegal  eiec-  27.— (1)  In  the  event  of  an  election  of  any  officers  of  a 
society  not  being  held  at  the  time  or  place  herein  directed, 
or  being  for  any  reason  illegal  or  void,  then  the  persons  in 
office  at  the  time  when  such  officials  should  have  been 
elected  shall  continue  to  be,  and  shall  be  deemed  to  be,  the 
officers  of  such  society,  until  their  successors  are  legally 
appointed. 

fngforeiection  ^  ^n  even^  °^  aVLJ  such  nonelection,  or  illegal  elec- 
tion, a  special  meeting  of  the  members  of  such  society  shall 
be  called,  as  soon  as  practicable  for  the  election  of  such 
officers,  such  meeting  to  be  called  (in  the  manner  provided 
in  subsection  2  of  section  10)  by  the  president,  or  in  his 
absence  or  on  his  neglect  by  the  vice-president,  or  in  the 
absence  or  on  the  neglect  of  the  president  and  vice-presi- 
dent, then  by  three  members  of  the  society,  and  at  such 
meeting  the  election  of  officers  shall  take  place  and  the 
persons  elected  shall  henceforth,  until  their  successors  are 
appointed,  be  and  be  deemed  to  be  the  officers  of  such 
society. 

fnjofdirectore.  28.  A  special  meeting  of  the  directors  of  any  society 
organized  under  this  Act  may  be  called  by  the  president 
thereof,  or  in  his  absence  or  in  his  neglect  by  the  vice- 
president,  or  in  the  absence  or  on  the  neglect  of  the  presi- 
dent or  vice-president,  then  by  any  three  members  of  such 
body,  of  which  meeting  at  least  seven  days'  notice  shall 
be  given  to  each  member;  and,  except  as  otherwise  pro- 
vided for,  a  majority  of  the  directors  of  any  such  body 
shall  be  a  quorum. 

gi^esecurlty.  29. — (1)  The  treasurer  of  every  society  organized  under 
this  Act  before  entering  upon  the  duties  of  his  office,  shall 
give  such  security  either  by  joint  or  several  covenant  with 
one   or   more   sureties,    or   otherwise,   as   the   Board  of 

Directors 


1906. 


HORTICTJLTriiAL  SOCIETIES . 


Chap.  18 


161 


Directors,  or  other  managing  officers  may  deem  necessary, 
for  the  faithful  performance  of  his  duties,  and  especially 
for  the  duly  accounting  for  and  paying  over  of  all  moneys 
that  may  come  into  his  hands. 

(2)  It  shall  be  the  duty  of  every  such  board  in  each  and  ^"sewirUy 
every  year  to  enquire  into  the  sufficiency  of  the  security  given, 
given  by  such  treasurer  and  report  thereon ;  and  where 

the  same  treasurer  for  any  society  is  reappointed  from  year 
to  year  his  reappointment  shall  not  be  considered  as  a  new 
term  of  office,  but  as  a  continuance  of  the  former  appoint- 
ment, and  any  such  bond  or  security  given  to  the  society 
for  the  faithful  performance  of  his  duties  under  such  re- 
appointment shall  continue  valid  as  against  the  parties 
thereto. 

(3)  When  the  officers  of  a  society  neglect  to  obtain  pro-  Personal 
per  security  they  shall  become  personally  responsible  f  or  ofofficers!llty 
all  funds  of  the  society  in  the  hands  of  the  treasurer. 


30.  The  municipal  council  of  any  city,  town  or  village,  Municipal 
county  or  township  of  this  Province,  may  grant  or  loan  of  society, 
money  in  aid  of  any  horticultural  society  formed  within 
the  limits  of  the  municipality,  when  such  society  has  made 
the  returns  required  by  this  Act  to  be  made  to  the  Min- 
ister. 


31.  All  sections  of  The  Agriculture  and  Arts  Act  refer-  Repeal  of  in- 
ring  to  Horticultural  Societies  are  hereby  repealed.  enactSts. 

32.  This  Act  shall  come  into  force  on  the  first  day  of  commence- 
February  one  thousand  nine  hundred  and  seven.  mem  of  Act. 


SCHEDULE  "A." 
(Section  7). 
Declaration  of  Association. 


We,  whose  names  are  subscribed  hereto,  agree  to  form  ourselves 
into  a  society,  under  the  provisions  of  The  Horticultural  Societies 
Act,  to  be  called  the  Horticultural  Society  of  (naming  the  point 
that  will  be  the  headquarters  of  the  society) ;  and  we  hereby 
severally  agree  to  pay  to  the  treasurer  the  sums  opposite  our  res- 
pective names;  and  we  further  agree  to  conform  to  the  by-laws 
and  rules  of  the  said  society  : 


11  S. 


Names. 


$  cts 

SCHEDULE 


Chap.  18. 


HORTICULTURAL  SOCIETIES.         6  EDW.  VII 


SCHEDULE  "B." 
(Section  17). 

Affidavit  as  to  the  Receipts  and  Expenditures  of  the  (insert 
name  of  society)  Horticultural  Society. 

County  of 

To  wit: 

I,  A.  B.,  of  the  (village  town  or  city)  of  treasurer  of 

the  Horticultural  Society,  make  oath  and  say,  that 

the  total  cash  receipts  of  the  society  for  the  year  ending 
were  $  ,  including  $  paid  in  by  members  for 

their  annual  membership  dues,  and  that  the  total  expenditures  of 
the  society  for  "horticultural  purposes"  as  defined  in  the  Horti- 
cultural Societies  Act,  and  as  set  forth  in  the  returns  of  the 
society  for  the  year,  as  made  by  the  officers  to  the  Department, 
were  $ 

That  the  number  of  the  members  of  the  said  society  is 
Sworn  before  me 

this  day  of  A.  D.  19 

(Signature) 

Justice  of  the  Peace  for  the 
County  of 
or  Commissioner  in  H.C.J. 


CHAPTER 


1906. 


STATUTE  LAW  AMENDMENT  ACT.  Chap.  19  163 


CHAPTER  19. 


The  Statute  Law  Amendment  Act,  1906. 


Assented  to  14th  May,  1906. 

HIS  MAJESTY,  by  and  with,  the  advice  and  consent 
of  the  Legislative  Assembly  of  the  Province  of  On- 
tario, enacts  as  follows:  — 

1.  — (1)  Part  III  of  The  Ontario  Voters'  Lists  Act  is  sus- Rev.  stat,  e.  t, 
pended  for  two  years  from  the  passing  of  this  Act,  unless  pgnded'for3 
during  the  said  two  years  it  is  otherwise  ordered  by  the  tw0  years- 
Lieutenant-Governor  in  Council.  . 

(2)  Until  a  new  voters'  list  has  been  prepared  and  cer- 
tified under  this  or  some  other  Act  of  the  Legislature  of 
this  Province,  the  voters'  lists  last  prepared  under  the 
said  Part  III.  which  have  been  duly  certified  shall  in 
any  election  to  the  Legislative  Assembly  be  the  voters' 
lists  for  the  polling  subdivisions  to  which  such  voters' 
lists  are  applicable. 

2.  Subsection  2  of  section  61  of  The  Ontario  Election  Act  Rev.  stat.,  c.  9, 
is  amended  by  adding  to  the  list  of  polling  places  in  muni-  amended"' ' 1 
cipalities  in  the  said  subsection  set  out  the  following  polling 

place  "Turbine  Village,  Drury  Township,"  and  by  adding 
to  the  list  of  polling  places  in  unorganized  territory  the  f  ol-  Polling  places 
lowing:  "Espanola  Village,  Creighton  Mine,  in  the  Town- |Ir\cAtIgoraa  Dis" 
ship  of  Creighton. 

3.  Section  32  of  The  Ontario  Controverted  Elections  Act  stat, 
is  amended  by  striking  out   the    words    "and    Common  amended. 
Pleas  Divisions"  in  the  7th  line  of  the  said  section,  and 
substituting  therefor  the  words  "Common  Pleas  and  Ex- 
chequer Divisions." 

4.  Section  36  of  the  said  Act  is  amended  by  striking  out  Rev.  stat., 
the  words  "and  Common  Pleas  Divisions"  in  the  6th  and  amended6 
7th  lines  of  the  said  section  and  substituting  therefor  the 
words  "Common  Pleas  and  Exchequer  Divisions." 

5. 


164  Chap.  19.  STATUTE  LAW  AMENDMENT  ACT.       6  EDW.  VII 


f  %,  subs'  2,' 12'     5.  Subsection  2  of  section  10  of  The  Act  respecting  the 
amended.  '     Legislative  Assembly  is  amended  by  inserting  after  the 
word  "Province"  in  the  sixth  line  of  the  said  section  the 
words  "and  such  building  or  work  has  not  been  let  by 
tender  to  the  lowest  bidder." 

c&bi,  s!ai6i,  6.  Section  161  of  The  Judicature  Act  is  hereby  amended 
amended.       Dy  adding  at  the  end  thereof  the  following  words:  — 

Investment  of  ...  .  r  •      r\  -i 

funds  in  court  Provided  that  the  Lieutenant-Governor  m  bouncil  may 
securities.0"1  direct  that  such  monies  as  may  be  available  for  investment 
or  any  portion  thereof  shall  be  invested  in  securities  issued 
by  the  Province  of  Ontario,  or  in  securities  guaranteed  by 
the  Province  of  Ontario,  to  such  extent  and  in  such  man- 
ner as  the  Lieutenant-Governor  in  Council  may  direct. 

Rev  Stftt 

c.  5i,  s.  165  7.  Section  165  of  The  Judicature  Act  is  amended  by  in- 
serting after  the  word  "inspect"  in  the  fourth  line  of  the 
said  section  the  words  "the  offices  of  the  Master  in  Ordin- 
ary and  the  other  officers  of  the  Supreme  Court  and  of  the 
High  Court  at  Toronto  and." 

Rev.  stPt.,  8.  Section  21  of  The  Ontario   Public  Service  Act  is 

amended.  amended  by  adding  at  the  end  thereof  the  following  words  : 
payment  for        "But  nothing  in  this  Act  contained  shall  be  deemed  to 

special  services        i  -i  • .    .-i  ,      »  «  •  i 

rendered  by  prohibit  the  payment  of  remuneration  for  special  services 
clerksin  pubiu  rendered  or  performed  by  any  such  officer  or  clerk  at  the  re- 
semce.  quest  of  the  Lieutenant-Governor  in  Council,  or  hereto- 

fore performed  by  anj.  such  officer  or  clerk^or  any  employee 
at  the  request  of  a  member  of  the  Executive  Council,  in 
addition  to  the  ordinary  duties  of  such  officer  or  clerk." 

c.T^suik  i,  9.  Subsection  1  of  section  2  of  The  Algoma  Land  Tax 
amended.  Amendment  Act,  1903,  as  amended  by  section  72  of  The 
Statute  Law  Amendment  Act,  1904,  and  further  amended 
by  the  first  section  of  The  Algoma  Land  Tax  Amendment 
Act,  1905,  is  amended  by  striking  out  the  figures  "1905" 
in  the  seventh  line  and  substituting  therefor  the  figures 
"1906." 

f. ^amended23'     10. — (1)  Section  2  of  The  Act  to  provide  for  the  better 
afiditor°f        Auditing  of  the  Public  Accounts  of  .the  Province  is  amended 
by  striking  out  the  figures  "$2,400"  in  the  last  line  and 
substituting  therefor  the  figures  "$3,000." 

s. ^'arneiided.'5'  (2)  The  said  section  2  is  further  amended  by  adding  there- 
to the  following  subsection  : 

(2)  Whenever  the  Legislative  Assembly  has  concurred 
in  the  report  of  the  Committee  of  Supply  recom- 
mending the  passing  of  any  estimates  of  expendi- 
ture, the  Lieutenant-Governor  in  Council  may 
authorize  the  payment  of  any  items  of  expendi- 
ture so  concurred  in. 


1906. 


STATUTE  LAW  AMENDMENT  ACT. 


Chap.  19 


165 


11. — (1)  Section  2  of  The  Succession  Duty  Act  as  amended  ^2V4'  ^  • 
by  the  Act  passed  in  the  fifth  year  of  His  Majesty's  reign,  ^|^ded 
Chaptered  6,  section  3,  is  amended  by  inserting  after  the 
word  "fees"  in  the  third  line  of  subsection  4,  clause  (d), 
the  words  "or  for  solicitor's  fees"  and  adding  to  the  end  of 
such  clause  the  words,  "The  term  'surrogate  fees'  in  this 
clause  shall  not  include  solicitor's  fees."  This  amendment 
shall  be  deemed  to  be  declaratory  of  the  law  since  the  pass- 
ing of  the  Act  in  the  first  year  of  His  Majesty's  reign, 
Chaptered  8. 

(2)  Subsection  2  of  section  5  of  The  Succession  Duty  Act  Rev. stat.,c.24, 

•  i    j  3.  5,  iUbs.  2 

18  repealed.  repealed. 

(3)  Subsection  3  of  section  5  of  the  said  Succession  Duty  f Y'subs's0'24, 
Act  is  amended  by  inserting  after  the  word  "duty"  in  the  amended, 
third  line  and  the  word  "duty"  in  the  eleventh  line  the 

words  "if  any." 

(4)  Section  6  of  the  said  Succession  Duty  Act  is  amended  Rev.  stat., 
by  inserting  the  words  "or  city"  after  the  word  "county"  amended, 
in  the  sixth  line  thereof. 

(5)  Section  7  of  the  said  Act  is  amended  by  striking  out  J*6^!1*1'' 
all  the  words  after  the  word  "matters"  in  the  fifteenth  line  amended, 
and  adding  to  the  said  section  the  words  following :  — 

"The  sheriff  shall  be  paid  by  the  Treasurer  of  the  Pro-  ^S8?** 
vince  the  following  fees  for  services  performed  ^£vices  under 
under  this  Act:  — 

"One  dollar  for  every  hour  up  to  five  hours; 

"Two  dollars  for  every  hour  in  important  or  difficult 
cases ; 

"In  no  case  to  exceed  $10  per  diem; 

"His  actual  and  necessary  travelling  expenses." 

(6)  Section  8   of   The  Succession  Duty  Act  as  amend- Rev. stat, 
ed  by  the  Act  passed  in  the  second  session  of  the  sixty-  amended, 
second  year  of  the_reign  of  Her  late  Majesty,  Queen  Vic- 
toria, Chapter  9,  section  14,  and  as  further  amended  by 

the  Act  passed  in  the  first  year  of  the  reign  of  His  Majesty 
King  Edward  VII,  Chapter  8,  section  7,  is  repealed  and 
the  following  substituted  therefor : 

8.  Where  the  Provincial  Treasurer,   his  solicitor   or  Dutyofsurro- 
agent,  and  the  other  parties  interested  do  not  f  *  to  fixfng™" 
agree  thereon,  the  Surrogate  Registrar  shall  fix  ^duties1168 
and  settle  the  debts,  encumbrances  and  other  al-  payable 
lowances  and  exemptions  within  the  meaning  of  thereon- 
this  Act,  and  shall  also  assess  and  fix  the  cash 
value  at  tbe  date  of  death  of  the  deceased  of  all 
estates,  interests,  annuities  and  life  estates  or 
terms  of  years  growing  out  of  such  estate,  and 
the  duty  to  which  the  same  is  liable,  and  shall 
immediately  give  notice  thereof,  by  registered 

letter, 


166 


Chap.  19.  STATUTE  LAW  AMENDMENT  ACT.       6  EDW.  VII 


letter,  to  such  parties  as  by  the  rules  of  the  High 
Court  would  be  entitled  to  notice  in  respect  of 
like  interests  in  an  analogous  proceeding;  and 
the  Surrogate  Registrar  may  appoint  for  the  pur- 
pose of  this  Act  a  guardian  for  infants  who  have 
no  guardians;  and  the  value  of  every  future  or 
contingent  or  limited  estate,  income  or  interest 
in  respect  of  which  the  duty  is  payable  under 
this  Act  shall,  for  the  purposes  of  this  Act  be 
determined  by  the  rule,  method  and  standards  of 
mortality  and  of  value,  which  are  employed  by 
the  Provincial  Inspector  of  Insurance  in  ascer- 
taining the  value  of  policies  of  life  insurance 
and  annuities  for  the  determination  of  the  lia- 
bilities of  life  insurance  companies,  save  that 
the  rate  of  interest  to  be  taken  for  all  purposes 
of  computations  under  this  section  shall  be  four 
per  cent,  per  annum;  and  the  Inspector  of  In- 
surance shall,  on  the  application  of  any  Surro- 
gate Registrar,  determine  the  value  of  such  fu- 
ture or  contingent  or  limited  estate,  income  or 
interest,  upon  the  facts  contained  in  such  ap- 
plication, and  certify  the  same  to  the  Surrogate 
Registrar,  and  his  certificate  shall  be  conclusive 
as  to  the  matters  dealt  with  therein. 

Rev.  st»t.,  c.  24,     (7)  Section  9  of  the  said  Act  is  repealed  and  the  follow- 

..9  repealed.     jng  substituted  : — 

9.  Any  person  dissatisfied  with  the  report  of  the  sheriff 
or  the  assessment  of  the  Surrogate  Registrar  may 
appeal  therefrom  to  the  Surrogate  Judge  of  the 
county  within  thirty  days  after  the  making  and 
filing  of  such  report  or  the  mailing  of  notice  of 
such  assessment,  as  the  case  may  be,  and  upon 
such  appeal  the  said  Judge  shall  have  jurisdic- 
tion to  determine  all  questions  of  valuation  and 
of  the  liability  of  the  appraised  estate  or  any 
part  thereof  for  such  duty  and  the  decision  of 
the  Surrogate  Judge  shall  be  final,  unless  the 
property  or  the  debts  and  other  allowances  and 
exemptions  in  respect  of  which  such  appeal  ii. 
taken  shall  exceed  in  value  or  amount  the  sum 
of  $10,000,  when  a  further  appeal  shall  lie  from 
the  decision  of  the  Surrogate  Judge  to  a  Jud^e 
of  the  High  Court,  and  from  such  Judge  of  the 
High  Court  to  the  Court  of  Appeal,  whose  deci- 
sion shall  be  final. 

f  ei2  subs'  i' 24'     ^  Subsection  1  of  section  12  of  the  said  Act  as  amended 
amended.       by  the  Act  passed  in  the  first  year  of  His  Majesty's  reign, 
Chaptered  8,  is  amended  by  striking  out  the  word  "six"  in 
the  sixth  line  and  inserting  the  word  "five." 

tV) 


Appeal  from 
report  of  sheriff 
or  assessment 
of  surrogate 
registrar. 


1906. 


STATUTE  LAW  AMENDMENT  ACT. 


Chap.  19 


167 


(9)  Section  21  of  the  said  Act  is  amended  by  inserting  Rev.  stat., 
after  the  word  "courts"  in  the  second  line  the  words  "and  amended, 
solicitors  practising  therein." 

12. — (1)  Section  28  of  The  Division  Courts  Act  is  repealed  Rev.  stat^ 
and  the  following  substituted  therefor  :  —  repealed. 

2B.  The  Lieutenant-Governor  may  appoint  the  clerk  ^1?^°^  j 
and  bailiff  or  bailiffs  of  any  Division  Court,  and  sion  Court 
all  clerks  and  bailiffs  heretofore  or  hereafter  ap-  officials; 
f       pointed  shall  hold  office»-during  pleasure  only  of 
the  Lieutenant-Governor. 


(2)  Section  30  of  The  Division  Courts  Act  is  hereby  re- Rev. stat.,c.6o, 

s.  30, 

repealed. 


pealed 


13.  Section  2  of  The  Arbitration  Act  is  repealed  and  the  Rev.  stat.  c.  62, 
following  substituted  therefor: —  s.  2  repealed. 

2. — (a)  In  this  Act,  unless  a  contrary  intention  appears,  f^ubmS^on  " 
"submission"  means  a  written  agreement  to  submit  present 
or  future  differences  to  arbitration  or  valuation,  whether  an 
arbitrator  or  valuator  is  named  therein  or  not,  and  shall  be 
deemed  to  include  a  written  agreement  to  submit  to  arbitra- 
tion or  valuation  or  assessment  the  ascertainment  of  any 
sum  or  sums  of  money,  or  settlement  of  any  terms  or  dif- 
ferences in  any  contract,  in  the  fixing  or  determining  of 
which  two  or  more  persons  are  or  may  be  interested,  whether 
the  subject  of  difference  or  not.  and  whether  an  arbitrator, 
valuator  or  assessor  is  named  therein  or  not. 

(1>)  The  term  "arbitrator"  shall  be  taken  and  read  to "  Arbitrator." 
include  and  mean  "valuator;"  and  "arbitration"  to  in- 
clude and  mean  "valuation." 

(c)  "Court"  means  His  Majesty's  High  Court  of  Justice.  "Court." 

(d)  "Judge"  means  Judge  of  His  Majesty's  High  Court  ..Judge„ 
of  Justice. 

(e)  "Rules  of  court"  mean  the  rules  of  the  Supreme  Court  "Rules of 
made  by  the  proper  authorities  under  The  Judicature  Act.  Court 

14.  Section   3a  added   to    The  Act  respecting  Police  Rev.  stat., 
Magistrates  by  section  .13  of  The  Act  to  amend  the  Statute 

Law  passed  in  the  second  year  of  the  reign  of  His 
Majesty,  chapter  12,  is  repealed  and  the  following  substi- 
tuted therefor: — 

3a.   The  Lieutenant-Governor  in  Council  may   appoint  APf°an^m|sn*, 
two  police  magistrates  for  any  city  containing  not  less  than  two  police 
200  000  ''nhabitante  at  salaries  to  be  named  in  the  order  ™,?esovTin 
making  the  appointment  or  by  subsequent  order.    The  sal-  '■mo.ooo. 
aries  so  named  shall  be  paid  by  the  city  quarterly  to  such 
police  magistrates  and  shall  not  exceed  the  sum  of  $5,000 

in 


Chap.  19. 


STATUTE  LAW  AMENDMENT  ACT.       6  EdVV.  Vll 


in  the  case  of  the  senior  police  magistrate  and  $3,000  in  the 
case  of  the  junior  police  magistrate. 

Not  to  act  as  »j  l  •  •  i      j  ■    ,    t  i         i  . 

director  of  ri  o  ponce  magistrate  appointed  under  this  section  shall 

?S&".to  during,  the  continuance  of  his  appointment  act  as  director 
of  a  company,  or  directly  or  indirectly  practice  in  the  pro- 
fession of  the  law  or  do  any  manner  of  conveyancing  or  pre- 
pare any  papers  or  documents  to  be  used  in  any  court  of  this 
Province  under  the  penalty  of  forfeiture  of  office. 


Rev.  Stat, 
c.  101,  s.  i 


15.  Section  4  of  The  Act  respecting  the  Fees  of  Officers 
amended.       engaged  iii  the  Administration  of  Justice  is  amenaed  by 
adding  thereto  the  following  subsection:  — 

fe0es*forbattend     ^  Item  8  in  the  schedule  of  constables'  fees  is  repealed 
ance  at  courts  and  every  constable  attending  the  assizes  or  sessions  shall 
lie  allowed  for  each  day's  attendance  the  sum  of  $2,  one- 
half  of  which  shall  be  payable  out  of  county  funds. 

alwfsfe,  16.  Subsection  2  of  section  6  of  The  U n organized  Terri- 

amended        tory  Act  is  amended  by  adding  at  the  end  thereof  the  fol- 
lowing words :    "And   the  remuneration  they   shall  each 
receive  for  all  work  done  in  connection  with  The  Surrogate 
Allowance  to   Courts    Act,    Mechanics'  mid  Wage   Earners'   Lien  Act, 
fo?Zl?v£eSges  Woodman's  Lien  for  Wages  Act,  and  The  Act  for  protect- 
^jer certain   jng  f])e  ]>nJl]j,-   Interest   in    Rivers,   Streams   and  Creeks, 
shall  be  $500  per  annum  in  lieu  of  all  fees  heretofore  pay- 
able to  them  under  any  of  said  Acts  and  the  said  fees  shall 
be  payable  hereafter  in  stamps  and  form  part  of  the  con- 
solidated revenue  fund  of  the  Province. 

c.ejoa,Ssat24.         1".  Subsection  1  of  section  24  of  The  Unorganized  Terri- 
peafed  re       f("'U  • ' rf  an(^  section  14  of  The  Act  to  amend  the  Statute 
Law  passed  in  the  sixty-second  year  of  the  reign  of  Her 
late  Majesty  Queen  Victoria,  Chaptered  11,  are  repealed 
and  the  following-  substituted  for  the  said  subsection  1:  — 

faction  of  (I)  The  Judges  of  the  District  Court  where  there  are  two 
such  Judges  and  the  Sheriff  for  each  Provisional  Judicial 
District  shall  be  ex-officio  selectors  of  jurors  for  the  Dis- 
trict, and  ma;y  select,  choose  and  return  as  jurors  any  of  the 
inhabitants  of  such  Provisional  Judicial  Districts  respec- 
tively without  reference  to  the  mode  prescribed  for  select- 
ing, balloting  or  returning  jurors  by  The  Jurors'  Act;  and 
juries  de  me  dictate  Ungate,  and  juries  of  a  like  nature,  may 
he  ordered  by  the  Court  before  which  any  cause  in  any  of 
the  said  Provisional  Judicial  Districts  may  be  pending. 
Where  (here  is  only  one  Judge  for  the  District  then  the 
Clerk  of  the  District  Court  and  the  Sheriff  shall  with  the 
Judge  be  the  selectors  of  jurors. 


jurors. 


(!  Edw.  Vll 
C.  23,  not  to 
come  into 


IS.  The  Act  to  amend  The  Devolution  of  Estates  Act, 
}  force  na.sscd  during  the  present  Session  and  which  received  its 
cinimed.         .'lid  reading  on  the  4th  of  May,  1900,  shall  come  into  force 

and 


lyou 


STATUTE  LAW  AMENDMENT  ACT  CU.HU  I" 


1(59 


and  have  effect  in  whole  or  in  part  only  on  and  from  such 
date  as  may  be  named  bj  (lie  Lieutenant-Governor  in 
Council  by  proclamation  in  (hat  behalf,  and  then  as  to 
such  part  only  as  may  be  mentioned  in  the  said  proclama- 
tion. 

19.— (1)  Section  G  of  The  Quieting  Titles  Act  is  hereby  ^^s"!;' 
repealed,  repealed. 

(2)  Clause  2  of  section  7  of  The  Quieting  Titles  Act  is  Rev.  Stat, 
amended  by  striking  out  the  words  "registering  of  a  cer- .amended.''  ° ' 
tificate  of  the  petition  as  provided  for  by  section  6,"  and 
substituting-  therefor  the  words  "granting  of  a  certificate 

of  title." 

(3)  Section  27  of  The  Quieting  Titles  Act  is  amended  byRey.stat_, 
striking  out  the  winds  "one  of  the  Registrars"  and  by  sub-  amended.' 
ititutiner  therefor  the  words  "Clerk  of  the  Crown  and  Pleas 

or  the  Clerk  of  Records  and  Writs." 

(4)  Any  certificate  of  title  heretofore  issued  with  the  sig-  Certificates  of 
nature  of  the  Referee  of  Titles  at  Toronto,  or  Inspector  of  be siVned 
Titles,  shall  be  deemed  to  be  sufficiently  signed  by  him  as 
Registrar  of  the  High  Court,  although  he  may  have  omit- 
ted to  add  to  his  signature  such  last  mentioned  title. 


20.— (I)  Subsection  1  of  section  169  of  The  Land  Titles 
Act,  section  3  of  chapter  16  of  the  Statutes  passed  in  the  i  Edw.  vii!, 
first  year  of  His  Majesty's  reign,  and  section  5  of  chapter  2Ed'w.  vii., 
19.  passed  in  the  second  year  of  the  said  reign,  are  hereby 
repealed,  and  the  following  substituted  therefor:  — 


(\)  "When  any  land  situated  in  Miiskoka,  Parry  Sound. 
Nipissing,  Algoma,  Manitoulin,  Thunder  Bay  or 
Rainy  River  is  granted  by  the  Government  of 
Ontario  by  letters  patent  or  by  order  of  the  Lieu-  oro^er  i'l,'' ''' 
tenant-Governor  in  Council,  the  letters  patent  or  Council  erant- 
a  certified  copy  of  the  Order  in  Council  shall  be  certain  dis- 
forwarded  to  the  local  Master  of  the  District  for  J^,'^"" 
the  purpose  of  the  grantee  being  entered  as  the 
first  registered  owner  of  the  land,  with'1  any  ne- 
cessary qualification;  provided  that  this  section 
shall  not  apply  to  land  covered  with  waters  of 
Lake  Huron  adjacent  to  the  Great  Manitoulin 
Island,  Cockburn  Island  or  FitzwiUiam  Island, 
in  the  District  of  Manitoulin,  or  adjacent  to  any 
island  which,  in  whole  or  in  part,  lies  between 
headland  and  headland  around  the  said  three 
islands. 

(2)  Sect  ion  171  of  /  he  Hand  Titles  Ait  is  hereby  amended  Rev. Stat, 
by  adding  the  following- thereto  a»  subsection  .°,  thereof:  amluded171 

63) 


170 


Chap.  19. 


STATUTE  LAW  AMENDMENT  ACT.       6  EdW.  VII 


Amount  pay- 
able into 
assurance  fun* 
in  certain 
eases. 


Registration  of 
Dominion 
patentees. 


ReT,  Stat., 
c.  149-,  s.  la, 
amended. 


(3)  In  the  case  of  lands  hereafter  registered  under  sec- 
tions 169  and  170  the  amount  to  be  paid  into  the 
Assurance  Fund  in  respect  thereof  shall  be  a  sum 
equal  to  one-fourth' of  one  per  cent,  of  the  value, 
at  the  time  of  payment,  of  the  land,  apart  from 
the  buildings  or  fixtures  thereon,  and  one-tenth 
of  one  per  cent,  of  the  value  at  the  said  time  of 
the  said  buildings  and  fixtures,  but  not  in  any 
ease  less  than  $1  in  respect  of  any  parcel. 

(3)  Where  land  situate  in  any  of  the  districts  of  this  pro- 
vince has  been  or  shall  be  patented  by  the  Government  of 
Canada  the  Local  Master  of  Titles  of  the  district  shall  have 
authority  to  register  the  patentee  as  owner  of  such  land 
and  may  do  so  without  submitting  his  finding  upon  the 
application  to  the  Inspector  of  Titles  for  his  concurrence. 

21.  Section  la  of  The  Act  respecting  Conditional  Sales  of 
Chattels,  enacted  by  section  2  of  the  Act  passed  in  the  third 
year  of  His  Majesty's  reign,  Chaptered  13,  is  repealed. 


Agreement, 
etc.,  as  to 
place  of  trial, 
effect  ot 


22.  No  proviso,  condition,  stipulation,  agreement  or 
statement  which  provides  for  the  place  of  trial  of  any  action, 
matter  or  other  proceeding  shall,  subject  to  the  provisions 
hereinafter  set  out,  be  of  any  force  or  effect. 

(1)  Tiie  provisions  of  this  section  shall  not  be  available 
in  any  Division  Court  action  or  proceeding  unless  and  until 
the  defendant  within  the  time  limited  for  disputing  the 
plaintiff's  claim  or  within  such  further  time  as  the  judge 
of  the  court  in  which  the  action  or  proceeding  is  commenced 
shall  allow,  files  with  the  clerk  of  the  court  out  of  which 
the  summons  issued,  or  wherein  the  proceedings  were  com- 
menced, a  notice  disputing  the  jurisdiction  of  such  court  and 
an  affidavit  of  the  defendant  or  his  agent  stating  that  in  his 
belief  there  is  good  defence  to  the  action  on  the  merits,  and 
further  stating  the  Division  Court  wherein  the  cause  of  the 
action  arose,  or  partly  arose,  and  the  defendant  resides. 

(2)  The  provisions  of  this  seetion  shall  not  apply  to  or  be 
available  in  any  action,  matter  or  proceeding  commenced  or 
pending  in  any  other  court  than  a  Division  Court  unless  and 
until  the  defendant  therein  shall  make  a  motion  to  change 
the  venue  or  place  of  trial  according  to  the  practice  of  such 
court. 


Rev.  Stat., 
c.  119, 
amended. 


Receipt  notes 
for  chattels 
other  than 


23.  The  Act  to  amend  The  Act  respecting  Conditional 
Sales  of  Chattels  is  amended  by  adding  thereto  the  follow- 
ing as  section  2a :  — 

2a.  Receipt  notes,  hire  receipts  and  orders  for  chattels 
given  by  bailees  of  chattels  other  than  manufactured  goods 
and  chattels,  where  the  condition  of  the  bailment  is  such 

and 


1906. 


STATUTE  LAW  AMENDMENT  ACT. 


Chap.  19 


171 


that  the  possession  of  the  chattel  passes  without  any  owner-  manufactured 
ship  therein  being  acquired  by  the  bailee  until  the  pay-  fued  in°offloe 
ment  of  the  purchase  or  consideration  money  or  some  stip-  Jourtcierk to 
ulated  part  thereof  shall  only  be  valid  as  against  subse-  be  valid  as 

i  i  ,  :.i     :  ,         x-  i  against  sub- 

•  quent  purchasers  or  mortgagees  without  notice  m  good  sequent  pur- 
faith  for  valuable  consideration,  provided  that  the  bailor  (hasers- 
or  vendor  within  ten  days  from  the  execution  of  the  receipt 
note,  hire  receipt  order  or  other  instrument,  evidencing  the 
bailment  or  conditional  sale  given  to  secure  the  purchase 
money  or  a  part  thereof  shall  file  with  the  clerk  of  the 
County  Court  of  the  County  in  which  the  bailee  or  condi- 
tional purchaser  resided  at  the  time  of  the  bailment  or  con- 
ditional purchase  a  copy  of  the  said  receipt  note,  hire  receipt 
or  order  or  other  instrument  evidencing  the  bailment  or 
conditional  sale,  and  no  such  bailment  shall  be  valid  as 
against  such  subsequent  purchaser,  or  mortgagee  as  afore- 
said, unless  it  is  evidenced  in  writing  signed  by  the  bailee 
or  his  agent. 

24.  Subsection  1  of  section  6  of  the  said  Act  is  amended  f4|vss<^sUb.-s 
by  striking  out  the  word  "manufactured"  in  the  fourth  l,  amended, 
and  fifth  lines  thereof. 

25.  Section  8  of  the  said  Act  is  amended  by  adding  the  Application  of 
words  "and  keeping"  after  the  word  "taking"  in  the  eighth 

line  of  the  said  section. 

26.  Sections  23,  24  and  25  of  this  Act  shall  not  affect  or 
apply  to  any  such  receipt  note,  hire  receipt,  or  order  for 
chattels  made  or  given  prior  to  the  1st  day  of  January,  190T. 

27.  Section  2  of  The  Marriage  Act  is  amended  by  adding  Rev.  stat., 
thereto  the  following:—  amended2' 

5.  Any  recognized  evangelist,  teacher  or  elder  of  the  Right  of  minis- 
congregations  of  Christians  commonly  called  or  known  as  "  Brethern  "  to 
"Brethren,"  who  may  be  appointed  by  any  such  congrega-  mea^ria™ethe 
tion  to  perform  the  ceremony  of  the  solemnization  of  mar-  ceremony, 
riage,  and  whose  appointment  has  previously  been  filed 
in  the  office  of  the  Provincial  Secretary. 


28.  Sections  4,  5,  6  and  7  of  The  Ontario  Companies  Act Rev.  stat. 
re  here 
thereof : 


are  hereby  repealed,  and  the  following   inserted    in   lieu  repealed. 


4.  This  Act,  except  in  so  far  as  it  may  be  particularly  Application 
made  otherwise  applicable,  shall  apply  to  the  following of  Act' 
companies  :  — 

(a)  To  every  company  incorporated  under  any  special 
or  general  Act  of  the  Parliament  of  the  late  Pro- 
vince of  Upper  Canada. 

(b) 


172 


Chap.  19. 


STATUTE  LAW  AMENDMENT  ACT.       6  EDW.  VII 


Proviso. 


(6)  To  every  company  incorporated  under  any  special  or 
general  Act  of  the  Parliament  of  the  late  Pro- 
vince of  Canada  which  has  its  head  office 
and  carries  on  business  within  the  Pro- 
vince of  Ontario,  and  which  was  incorporated 
with  objects  or  purposes  to  which  the  legislative 
authority  of  the  Legislature  of  the  Province  of 
Ontario  extends,  and 

(c)  To  every  company  incorporated  under  any  special 
or  general  Act  of  the  Legislature  of  the  Pro- 
vince of  Ontario ; 

Provided,  however,  that  this  Act  shall  not  apply  to  any 
such  company  incorporated  for  the  construction  and  working 
of  a  railway,  the  business  of  insurance  and  the  business  of  a 
loan  corporation  within  the  meaning  of  The  Loan  Corpora- 
tions Act;  and  further  provided,  that  the  Lieutenant-Gov- 
ernor in  Council  may  relieve  any  company  incorporated 
before  the  first  day  of  July,  1897,  from  compliance  with  any 
of  the  provisions  of  this  Act  as  may  be  deemed  expedient. 

29. — (1)  Subsection  1  of  section  41  of  The  Loan  Corpora- 
tions Act  is  hereby  amended  by  inserting  in  the  thirteenth 
line  of  the  said  subsection  after  the  words  "officers  thereof" 
the  words  "the  capital  stock  thereof,  the  number  of  shares 
into  which  divided,  the  par  value  per  share." 

(2)  Section  48  of  The  Loan  Corporations  Act  is  hereby 
amended  by  adding  after  the  words  "its  engagements"  in 
the  fourteenth  line  these  words  :  "And  by  every  such  agree- 
ment made  or  purporting  to  be  made  under  this  Act  the 
purchasing  company  shall  be  deemed  and  held  to  covenant 
and  agree  with  each  and  every  creditor  of  the  selling 
company  that  the  purchasing  company  will  pay  to  each 
such  creditor  of  the  selling  company  the  sum  or  sums  in 
which  the  selling  company  is  indebted  to  each  such  creditor 
respectively,  and  that  payment  will  be  made  at  such  times 
and  places  as  such  sum  or  sums  would  have  been  payable 
had  the  said  agreement  not  been  made  or  not  been  assented 
to." 

■o'e205S^48  sa^  section  48  is  further  amended  by  adding 

amended. '      thereto  subsection  2  as  follows  : 


Rev.  Stat, 
•c.  20o.  s.  41, 
subs.  1, 
■amended . 


Rev.  Stat, 
c.  20.1),  s.  48, 
amended. 

Privity  of 
contract  be- 
tween purchas 
ing  company 
and  each 
creditor  of  iell 
ing  company. 


Dissolution  of 
selling  corpor- 
ations and  of 
corporations 
amalgamated. 


(2)  Where,  under  this  Act  the  Lieutenant-Governor 
in  Council  assents  to  an  agreement  for  the  sale 
of  the  assets  of  a  loan  corporation,  or  to  an 
agreement  for  the  amalgamation  of  two  or  more 
loan  corporations,  then,  as  from  the  date  of  such 
assent,  the  selling  corporation,  or  the  several 
corporations  amalgamated,  shall  in  the  respec- 
tive cases  be  deemed  to  be  and  shall  be  dissolved 
except  so  far  as  is  necessary  to  give  full  effect 
to  the  said  agreement. 

(4) 


1906.  STATUTE  LAW  AMENDMENT  ACT.  Chap.  19  173 

(4)  Subsection  2  of  section  89  of  The  Loan  Corporation*  Rev- stat- 

•  •  •  C  205  s  89 

Act  is  amended  by  inserting  the  word  "depositors"  in  the  subs.  2, 
fourth  line  of  the  said  subsection  after  the  word  "share-  amende 
holders." 

(5)  Subsection  1  of   section  99  of   The  Loan  Corpora-  feZ^m-' 
Hons  Act  (as  amended  by  section  3  (1)  of  the  statute  passed  ^^sdue^s-  *> 
in  the  second  session  in  the  sixty-second  year  of  the  reign 

of  Her  late  Majesty  and  chaptered  22)  is  hereby  amended 
by  striking  out  in  the  seventh,  eighth  and  ninth  lines  of 
the  said  subsection  the  words  "and  the  statement,  having 
been  signed  and  sworn  to  by  the  president  or  vice-president 
and  the  manager  or  secretary,  shall,"  and  by  substituting 
therefor  the  following  words:  "and  the  statement  having 
been  adopted  by  a  resolution  of  the  board  of  directors 
passed  in  that  behalf,  and  having  been  signed  and  sworn 
to  by  the  president  or  vice-president  and  the  manager  or 
secretary  shall,  with  a  certified  copy  of  the  said  resolu- 
tion." 

(6)  Subsection  4  of  section  117  of  The  Loan  C orporations  fe^5sf-\17 
Act  is  amended  bv  adding  after  the  words  "High  Court" 

in  the  sixth  line  of  the  said  subsection  the  following  words 
"And  the  anneal  shall  at  the  latest  be  made  to  the  then  next 
sittings  of  the  said  court  unless  an  order  be  made  extend- 
ing the  time  for  appeal." 

30.  Section  388  of  The  Consolidated   Municipal    Act,  c.^.Ts"' 
1903,  is  amended  by  inserting  therein  after  the  words  "or- amen(led- 
dinary  expenditure"  the  words  "and  over  and  above  any 

sums  raised  for  the  purchase  of  a  site  or  erection  of  build- 
ings for  a  House  of  Refuge,"  and  the  said  section  as  hereby 
amended  shall  be  deemed  to  have  been  in  force  on  and  from 
the  26th  day  of  April,  1904. 

31.  Section   1    of   The   Act   to  Prevent  Minors   from  Rev.  stat. 
frequenting  Billiard'  Rooms  and  other  places  is  amended  amended1' 
by  striking  out  the  figures  "16"  in  the  third  line  and  sub- 
stituting the  figures  "18"  therefor. 

32.  Section  30  of  The  Public  Health  Act  is  amended  by  Rev.  stat. 
adding  the  following  as  subsection  6  :  amended30, 

(6)  No  sewage,  drainage,  domestic  or  factory  refuse,  ex-  Polluting 
cremental  or  other  polluting  matter  of  any  kind  whatso-  water  supply- 
ever,  which,  either  by  itself  or  in  connection  with  other 
matter  corrupts  or  impairs  or  may  corrupt  or  impair  the 
quality  of  the  water  of  any  source  of  public  water  supply 
for  domestic  use  in  any  city,  town,  incorporated  village 
or  other  municipality,  or  which  renders  or  may  render  such 
water  injurious  to  health,  shall  be  placed  in  or  discharged 
into  the  waters,  or  placed  or  deposited  upon  the  ice  of  any 
such  source  of  water  supply,  near  the  place  from  which 
any  such  municipality  shall  or  may  obtain  its  supply  of 


water 


174 


Chap.  19. 


STATUTE  LAW  AMENDMENT  ACT.       6  EDW.  VII 


water  for  domestic  use,  nor  shall  any  such  sewage,  drain- 
age, domestic  or  factory  waste  or  refuse,  excremental  or 
other  polluting  matter  be  placed  or  suffered  to  remain 
upon  the  bank  or  shore  of  any  such  source  of  water  supply 
near  the  place  from  which  such  municipality  shall  or  may 
obtain  its  supply  of  water  for  domestic  use  as  aforesaid, 
nor  within  such  distance  thereof  as  may  be  considered 
unsafe  by  the  Provincial  Board  of  Health,  after  an  exam- 
ination thereof  by  a  member  or  officer  of  the  said  Board, 
and  any  person  who  shall  offend  against  any  provision  of 
this  section  shall  upon  summary  conviction  be  liable  to  a 
penalty  of  not  more  than  $100  for  each  offence,  and  each 
week's  contiuance  after  notice  by  the  Provincial  Board  of 
Health  or  Local  Board  of  Health,  to  abate  or  remove  the 
same  shall  constitute  a  separate  offence. 

Rev.  stat.  33.  The  Act    to  encourage  the    Destroying    of  Wolves 

amended.      i  is  amended  by  adding  thereto  the  following  as  section  10  : 

Evidence  of  10 — (1)  Whenever  the  Provincial  Treasurer  is  satisfied 
i  mgiof  wolf.  ^e  person  killing  a  wolf  is  properly  entitled  to  re- 
ceive the  bounty  he  may  direct  payment  thereof  notwith- 
standing that  the  person  taking  the  affidavit  and  certify- 
ing the  fact  of  the  wolf  being  killed  is  not  one  of  those  men- 
tioned in  said  Act,  provided  such  affidavit  is  taken  before 
or  certificate  given  by  some  person  authorized  by  the  Act 
to  give  certificates  or  by  some  person  authorized  to  ad- 
minister oaths  for  use  in  the  Superior  or  other  Courts  of 
the  Province. 

in^igonViutag  ^  ^e  case  °^  c^a^ms  ^°  the  bounty  for  wolves  killed 
Park.  in  the  Algonquin  Park  the   affidavit  may  be  taken  and  the 

Rev.  stat.  certificate  given  by  the  Superintendent  of  the  Park,  and 
c- 46-  it  shall  not  be  necessary  to  show  that  the  person  killing  the 

wolf  had  the  special  license  provided  for  by  section  8  of 

The  Algonquin  National  Park  Act. 

c2  83,CsA25;         34. — (1)  Section  15  of  The  Act  to  incorporate  the  Village 
amended.       nj  Sturgeon  Point,  passed  in  the  sixty-second  year  of  the 
reign  of  Her  late  Majesty,  Queen  Victoria,  chaptered  83,  is 
amended  by  striking  out  the  words  "and  part  of  the  fifth 
County  Council  Division  of  the  County  of  Victoria." 

sturgeon1  Point     (2)  Notwithstanding  anything  contained  in  The  Consoli- 
represemed  in  dated  Municipal  Act,  1903,  or  any  amendment  thereto, 
°f v^toria11011  ^e  ^i^a£e  °^  Sturgeon  Point  shall  not  be  represented  in 
the  county  council  of  the  County  of  Victoria,  as  hereafter 
constituted,  nor  shall  the  reeve  of  the  said  village  sit  or 
vote  in  such  council. 

l^WaIn'        85.  Section  4  of  The  Act  respecting  Aid  to  Certain  Rail- 
amended.       ways  passed  in  the  first  year  of  His  Majesty's  reign,  chap- 
ter 22,  is  amended  by  adding  thereto  the  following  words  : 

"  The 


1906. 


STATUTE  LAW  AMENDMENT  ACT.  Chap.  19 


IT-') 


"The  time  limited  herein  is  extended  as  regards  the  Brace- 
bridge  and  Trading  Lake  Railway  until  the  thirty-first 
day  of  December,  1906,  and  as  regards  the  Bruce  Mines 
and  Algoma  Railway  until  the  thirtieth  day  of  June, 
1909." 


36.  An  extension  for  the  period  of  two  years  from  the  Extension  of 
first  day  of  December,  1907,  is  hereby  granted   to    the  earning  of 
Manitoulin  and  North  Shore  Railway  Company  to  com-  |§anifouUn" 
mence  and  complete  the  portion  of  the  railway  from.  Little  S^^ji^ 
Current  in  the  District  of  Manitoulin  to  a  point  distant 
about  thirteen  miles  from  the  Town  of  Sudbury  to  which 
the  said  railway  has  already  been  constructed  and  the  com- 
pletion of  the  said  portion  of  the  said  railway  shall  be 
deemed  and  taken  as  a  fulfilment  and  performance  of  the 
obligations  of  the  railway  company  as  provided  in  section 
9  of  The  Act  respecting  Aid  by  Land  Grant  to  the  Mani- 
toulin and  North  Shore  Railway  Company,  passed  in  the 
first  year  of  His  Majesty's  reign,  chapter  23,  so  as  to 
entitle  the  company  to  the  land  grant  made  by  the  aforesaid 
Act  for  the  above  mentioned  portion  of  the  railway. 


37. — (1)  The  paragraphs  numbered  1  and  2  in  section  Extension  of 
16  of  The  Act  respecting  Aid  by  Land  Grant  to  the  A  I-  inland  ""grant 
goma  Central  Railway  Company  as  enacted  by  section  54  centxa°ma 
of  The  Statute  Law  Amendment  Act,  1903,  are  amended  Railway, 
by  striking  out   the   figures  "1906"  wherever  they  occur 
in  the  said  paragraphs  and  inserting  in  lieu  thereof  the 
figures  "1907,"  but  this  amendment  shall  not  come  into 
force  or  take  effect  until  so  declared  by  proclamation  of 
the  Lieutenant-Governor  in  Council. 


38.  Section  23  of  The  Act  to  amend  the   Statute   Law* Edw.  vn. 
passed  in  the  second  year  of  His  Majesty's  reign,  chapter  amended.' 
12,  is  repealed  and  the  following  substituted  therefor :  — 

Subsection  2  of  section  11  of  The  Ontario  Trust  Com-  Rev.  stat. 
panies  Act  is  amended  by  inserting  the  words  "or  in  secur-  subs.'S '  ' 
ities  which  are  a  first  charge  on  lands  held  in  fee  simple  amended, 
in  the  Provinces  of  Manitoba,  Alberta  or  Saskatchewan" 
after  the  word  "Provinces"  in  the  9th  line  of  the  said  sub- 
section. 


39.  Subsection  1  of  section  1  of  The  Act  respecting  Aid  to  J^-™^ 
certain  Railways,  passed  in  the  fourth  year  of  His  Majes-  i, amended, 
ty's  reign,  Chapter  18,  is  amended  by  striking  out  the  words 
"and  from  the  east  end  of  Lake  of  Bays  to  the  west  end  of 
Hollow  Lake,"  occurring  in  the  third  and  fourth  lines  of 
the  said  clause. 


40 


176 


Chap.  19. 


STATUTE  LAW  AMENDMENT  ACT. 


6  Edw.  VII 


c.^ts.  Y/su'bs.  4U. — (1)  Subsection  2  of  section  1  of  the  Act  passed  in  the 
2,  amended.  fourth  year  of  the  reign  of  His  Majesty,  chaptered  18,  is 
GrandTmnk0  amended  °y  striking  out  the  figures  and  words  "6,000  acres 
Pacific  Rail-  per  mile"  in  the  seventh  and  eighth  lines  of  the  said  sub- 
section and  inserting  in  lieu  thereof  the  figures  and  words 
"3,375  acres  per  mile." 

c.^l^s.  is,1''        (2)  Section  15  of  the  said  Act  is  repealed. 

repealed. 

4  Edw.  vii.,  (3)  Section  17  of  the  said  Act  is  amended  by  striking  out 
amended.'  the  words  and  figures  "sections  15  and  16"  in  the  fifth  line 
of  the  said  section  and  inserting  in  lieu  thereof  the  word 
and  figures  "section  16,"  and  by  striking  out  all  the  words 
in  the  said  section  after  the  words  "fee  simple"  in  the  tenth 
line  thereof. 

Run**680      41-— (1)  By-law  No.  580  of  the  County  of  Middlesex 
dedaredto  be  confirmed  by  an  Act  passed  at  the  present  session,  is  de- 
within  i  Edw.  clared  to  comply  with  the  provisions  of  The  Act  for  the 
improvement  of  Public    Highways  and   any  amendment 
thereto,  so  as  to  entitle  the  corporation  of  the  said  county 
to  share  in  the  fund  set  apart  by  the  said  Act. 

(2)  "Where  a  bridge  or  bridges  situated  on  a  road  or  roads 
designated  for  improvement  under  the  said  by-law  are 
improved  or  renewed,  or  where  a  new  bridge  is  erected  on 
such  road  or  roads,  or  touching  on  such  road  or  roads,  the 
Municipal  Council  of  the  County  of  Middlesex  shall  be 
entitled  to  receive  out  of  the  fund  set  apart  for  improve- 
ment of  public  highways,  one-third  of  that  part  of  the  cost 
of  such  work  actually  borne  by  the  county  or  any  local 
municipality  within  the  county,  whether  the  liability  to 
construct  or  maintain  such  bridge  or  bridges  or  any  of 
them  belongs  to  the  county  or  a  local  municipality,  or 
partly  to  the  county  and  partly  to  the  local  municipality. 

(3)  The  County  Council  of  the  County  of  Middlesex  shall 
present  to  the  Minister  of  Public  Works  an  annual  state- 
ment describing  the  work  done  and  the  amount  expended 
on  the  roads  designated  for  road  improvement,  together 
with  a  certificate  of  the  County  Commissioner  that  the  regu- 
lations of  the  Public  Works  Department  in  regard  to  High- 
ways have  been  complied  with.  Upon  receipt  of  such  state- 
ment by  the  Provincial  Treasurer,  certified  and  approved 
by  the  proper  officials  of  the  Public  Works  Department,  the 
Municipality  of  the  County  of  Middlesex  shall  be  entitled 
to  receive  from  the  moneys  set  ap«rt  for  public  highways 
an  amount  equal  to  one-third  of  the  cost  of  the  works. 

(4)  The  Municipal  Corporation  of  the  County  of  Middle- 
sex shall  be  entitled  to  receive  from  the  fund  set  apart  by 
The  Act  for  Improvement  of  Public  Highways  not  only 
one-third  of  the  sums  which  will  be  paid  under  subsection 
4  of  section  1  of  the  said  by-law,  but  also  one-third  of  all 

furtber 


1906. 


STATUTE  LAW  AMENDMENT  ACT. 


Chap.  19 


177 


further  expenditures  upon  the  roads  designated  for  improve- 
ment under  the  by-laws  required  by  subsection  1  of  section 
1  of  the  said  by-law.  Provided  that  the  work  done  in  any 
municipality  shall  comply  with  the  requirements  of  the 
Public  Works  Department  in  regard  to  public  highways. 

42.  Section  21  of  The  Statute  Law  Amendment  Act,  j>.  Edw.  vir. 
1905,  is  repealed  and  the  following  is  substituted  therefor :  repealed.  ' 


Section  6  of  The  Act  .respecting  Aid  to  Certain  Railways  63V^£-J9, s'  °' 
passed  in  the  63rd  year  of  the  reign  of  Her  late  Majesty, 
chapter  29,  is  amended  bj  adding  thereto  the  following  earnhisfbonus 
words:   "The  time  limited  herein  is  extended  as  regards extended- 
the  Central  Ontario  Bail  way  until  the  thirty-first  day  of 
December;  1908." 


4-3.  The  Act  to  incorporate  The  Roman  Catholic  Bishop  ^Ef.™  vl 
of  the  Diocese  of  Sault  Ste.   Marie  in   Ontario,  Canada,  amended, 
passed  in  the  fifth  year  of  His  Majesty's  reign,  chaptered 
121,  is  amended  by  adding  thereto  the  following  as  Sche- 
dule "A"  : 


SCHEDULE  "A." 


This  indenture  made  in  duplicate  the  day 
if  one  thousand  nine  hundred  and 

In  pursuance  of  The  Act  Respecting  Short  Forms  of  Con- 
veyances; (mortgages,  leases,  etc.,  as  the  case  may  be). 

Between :  The  Roman  Catholic  Episcopal  Corporation  for  the 
Diocese  of  Sault  Ste.  Marie  in  Ontario,  Canada,  of  the  First  Part. 

of  the  Second  Part ;  The  Right  Reverend 
David  Joseph  Scollard,  (or  as  the  case  may  be)  Bishop  of  the  Dio- 
cese, of  the  Third  Part ;  and  The  Right  Reverend  or  Very  Rever- 
«nd  Coadjutor  Bishop  or  Vicar-General  (as  the  case  may  be)  and 
The  Reverend  Clergyman  of  the  said 

Diocese,  or  (naming  two  clergymen  if  there 

■be  neither  Coadjutor  nor  Vicar-General,  and  adding  recital  to  that 
effect)  of  the  Fourth  Part. 

Whereas  the  party  hereto  of  the  first  part  has  contracted  with 
the  party  hereto  of  the  second  part  for  the  sale  (mortgage,  lease, 
etc.)  of  the  lands  hereinafter  described ;  and  whereas  the  party 
hereto  of  the  third  part  is  the  present  Bishop  of  said  Diocese,  and 
the  parties  hereto  of  the  fourth  part  are  the  proper  persons  whose 
consent  is  necessary  to  this  conveyance  under  the  terms  of  the 
statute  incorporating  the  party  of  the  first  part;  and  whereas  the 
parties  hereto  of  the  fourth  part  join  in  this  conveyance  in  order  to 
testify  in  writing  their  consent  to  the  sale  (mortgage,  etc.)  as  afore- 
said, pursuant  to  said  statute; 

Now  therefore  this  indenture,  etc.,  as  in  other  conveyances. 
After  covenants. — And  the  parties  hereto  of  the  fourth  part  thereof 
consent  to  this  conveyance,  and  are  made  parties  hereto  and  exe- 
cute the  same  for  the  purposes  hereinbefore  set  forth. 

12  s.  In 


178 


Chap.  19. 


STATUTE  LAW  AMENDMENT  ACT.       6  EDW.  VII 


In  Witness  Whereof  the  said  party  of  the  first  part  has  caused 
its  corporate  seal  to  be  affixed  attested  by  the  hand  of  the  said 
party  of  the  Third  Part  and  the  said  parties  of  the  Fourth  Part 
have  hereunto  set  their  hands  and  seals. 
Signed,  Sealed  and  Delivered 
in  the  presence  of  two 
witnesses : 

A.  B. 
C.  D. 

(L.S.C.) 
(L.S.) 
(L.S.) 
(L.S.) 


Powers ot  44.  Sections  59  to  74  (both  inclusive)  of  The  Ontario 

Niagara' Power  Railway  Act,  1906,  are  incorporated  with  the  Act  passed 
Skfn^and8 10  in  ^  fifty-fifth  year  of  the  reign  of  Her  late  Majesty 
Queen  Victoria,  chaptered  8,  and  shall  be  read  as  applic- 
able to  the  Canadian  Niagara  Power  Company  as  if  the 
said  Company  had  been  expressly  so  named  in  the  said 
sections  save  in  so  far  as  the  same  are  varied  by  or  are 
inconsistent  with  the  provisions  of  the  said  last  mentioned 
Act. 


55  V.,  c 
amended . 


Canadian 
Niagara  Power 
Co.  authorized 
to  issue  addi- 
tional bonds  for 
$3,000,000. 


45.  Section  6  of  the  Act  passed  in  the  55th  year  of  the 
reign  of  Her  late  Majesty,  Queen  Victoria,  chaptered  8, 
is  amended  by  adding  thereto  the  following  subsection  : 

(a)  For  the  purpose  of  prosecuting  and  completing  the 
said  undertaking  the  directors  of  the  said  com- 
pany shall  have  power  to  make  a  further  issue 
of  bonds,  the  whole  amount  of  such  further  issue 
not  to  exceed  in  all  the  sum  of  |3, 000, 000,  to 
.  which  issue  all  the  terms  of  section  6  of  this  Act 
shall  apply  as  though  the  same  were  set  forth  in 
this  subsection,  provided,  always,  that  the  said 
further  issue  of  $3,000,000  shall  rank  next  sub- 
sequent to  the  issue  of  $5, 000, 000  authorized  by 
section  6  of  this  Act. 


Aid  to  Canada  44>. — (1)  There  shall  be  granted  out  of  the  Consolidated 
wa^co'mpany  -^evenue  Fun<l  to  the  Canada  Central  Railway  Company, 
or  such  other  company  as  shall  carry  out  the  work,  for  the 
construction  of  a  railway  from  the  Town  of  Little  Current 
to  a  point  about  13  miles  from  the  Town  of  Sudbury  a 
distance  not  exceeding  53  miles,  a  cash  subsidv  of  $5,000 
a  mile—  $265,000. 

(2)  The  subsidy  hereby  granted  is  subject  to  the  con- 
dition that  the  construction  of  the  railway  is  to  be  com- 
menced within  three  months  and  completed  within  two 
years  from  the  passing  of  this  Act,  and  is  in  other  respects 
subject  to  the  conditions,  so  far  as  the  same  are  applicable, 
contained  in  The  Act  respecting  Aid  to  Certain  Railways, 
passed  in  the  first  year  of  His  Majesty's  reign,  chaptered  22. 
12a  s.  (3) 


1906. 


STATUTE  LAW  AMENDMENT  ACT. 


Chap.  19 


179 


(3)  Clause  (2)  of  section  1  of  The  Act  respecting  Aid  to  \ ^ws. ^nc'i.  2, 
Certain  Railways,  passed  in  the  first  jear  of  His  Majesty's  amended- 
reign,  chaptered  22,  is  amended  by  striking  out  the  words  ^ '°  ^uce 
and  figures  "13  miles,  a  cash  subsidy  of  $3,000  a  mile — Aigoma 
$39,000"  and  substituting  therefor  the  words  and  figures  Rai,wa>- 
"38  miles,  a  cash  subsidy  of  $3,000  a  mile—  $114,000." 

(4)  The  provisions  of  section  2  of  chapter  35  of  the  Acts  ^fjf^s^, 
passed  in  the  fifty-second  year  of  the  reign  of  Her  late  to  aid. 
Majesty  Queen  Victoria  respecting  the  option  of  substi- 
tuting half-yearly  payments  for  forty  years  in  lieu  of  a 

cash  payment  for  grants  of  $3,000  per  mile  and  in  pro- 
portion for  grants  of  $5,000  per  mile  and  all  the  conditions 
provided  by  section  3  of  the  said  Act  not  inconsistent  with 
this  Act  shall  apply  to  the  grants  of  cash  subsidies  made 
in  this  section. 


CHAPTER 


180  Chap.  20 


THE  COUNTY  COURTS. 


6  Edw.  VII 


CHAPTER  20. 


An  Act  to  amend  The  County  Courts  Act. 


Assented  to  27th  April,  1906. 

HIS  MAJESTY,  by  and  with  the  advice  and  consent 
of    the   Legislative   Assembly  of  the  Province  of 
Ontario,  enacts  as  follows  :  — 

55 amended.      1.  The  County  Courts  Act  is  amended  by  adding  thereto 
the  following  section. 

'togtriai1of High  ^2<z.  Notwithstanding  anything  in  the  preceding  sec- 
court^actions  tion  contained,  in  actions  in  the  High  Court  of  Justice, 
.court,  the  County  Court  of  the  county,  the  county  town  of  which 

is  named  as  the  tdace  of  trial,  shall  have  jurisdiction, 
for  the  purpose  of  trial  only,  when  the  plaintiff  and  de- 
fendant agree  thereto  at  any  time  by  a  memorandum  in 
writing  signed  by  them  or  their  solicitors  and  filed  in 
the  proper  office  at  or  before  the  time  of  setting  the  action 
down  for  trial,  but  all  proceedings  in  any  action  so  tried 
subsequent  to  the  trial  shall  be  had,  taken  and  continued 
in  the  High  Court,  and  all  costs,  fees  and  disbursements 
of  the  action,  including  those  of  the  trial,  shall  be  the 
same  as  though  the  trial  had  taken  place  at  a  sitting  of 
the  High  Court  of  Justice. 

(2)  In  case  an  action  has  been  entered  for  trial  in  the 
High  Court  of  Justice  the  parties  may  by  filing  a  memor- 
andum as  hereinbefore  provided  at  any  time  before  such 
action  has  been  tried  transfer  the  same  for  trial  only  by 
-the  County  Court  as  aforesaid. 


CHAPTER 


1906 


UNORGANIZED  TERRITORY. 


Chap.  21 


181 


CHAPTER  21. 


An  Act  to  amend  The  Unorganized  Territory  Act. 


Assented  to  14th  March,  1906. 

i 

HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
eancts  as  follows:  — 

1.  Section  24  of  The  Unorganized  Territory  Act  is  amended  Rev.  stat. 
by  adding  thereto  the  following  subsection  :  amended24, 

(3.)  The  Clerk  of  the  Peace  for  the  District  shall  attend  Attendance  of 
the  meetings  of  the  selectors  of  jurors  and  in  a  book  to  be  petceatseiec- 
kept  for  that  purpose,  shall  enter  their  proceedings  and  reso- tion  o£  our°rs. 
lutions,  but  he  shall  have  no  voice  in  the  selection  of  jurors 
and  shall  in  no  case  advise  or  express  an  opinion  whether 
any  name  ought  to  be  placed  upon  or  omitted  from  the  list 
of  jurors. 

2.  Inasmuch  as  doubts  have  arisen  as  to  the  validity  of  selection  of 
the  last  selection  of  jurors  for  the  District  of  Parry  Sound,  JParr°rys sound 
it  shall  be  lawful  for  the  selectors  of  jurors  for  the  saidfor1^06- 
District,  and  it  shall  be  their  duty  to  meet  forthwith  and 

make  a  new  selection  of  jurors  for  the  present  year,  and  the 
selection,  which  shall  be  so  made  by  them  shall  be  the  true 
and  only  selection  of  jurors  for  the  present  year  for  the  said 
District. 


CHAPTER 


182 


Chap.  22. 


LIBEL  AND  SLANDER. 


6  Edw.  VII. 


CHAPTER  22. 


An  Act  to  amend  The  Act  respecting  Actions  of 
Libel  and  Slander. 


Assented  to  14th  May,  1906. 


Rev.  Stat.  c.  68, 
s.  1  amended. 


Rev.  Stat.,  c. 
s.  8,  subs.  1 
repealed. 


Reports  of 
proceedings, 
public  meet- 
ings, etc. 


HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows  :  — 

1.  Section  1  of  The  Act  respecting  Actions  of  Libel  and 
Slander  is  amended  by  striking  out  the  words  "twenty-six" 
wherever  they  occur  in  the  said  section  and  inserting  in 
lieu  thereof  the  words  "thirty-one." 

2.  Subsection  1  of  section  8  of  The  Act  respecting 
Actions  of  Libel  and  Slander  is  repealed  and  the  following 
substituted  therefor  :  — 

(1)  A  fair  and  accurate  report  published  in  any  news- 
paper of  any  proceedings  in  the  Parliament  of  Canada,  or 
in  any  Legislative  Assembly  of  any  of  the  Provinces  of  the 
Dominion  of  Canada,  or  of  any  Committee  of  said  Parlia- 
ment or  of  any  of  said  Legislative  Assemblies,  or  of  a 
Public  Meeting,  or  (except  where  neither  the  public  nor 
any  newspaper  reporter  is  admitted)  of  any  meeting  of  a 
Municipal  Council,  School  Board,  Board  of  Education, 
Provincial  Board  of  Health,  Medical  Health  Board,  or  any 
other  board  or  local  authority  formed  or  constituted  under 
any  of  the  provisions  of  any  Public  Act  of  any  Legislative 
Assembly  of  any  of  the  Provinces  of  the  Dominion  of 
Canada  or  of  the  Parliament  of  Canada,  or  of  any  Com- 
mittee appointed  by  any  of  the  above-mentioned  bodies, 
and  the  publication  of  the  whole,  or  a  portion  or  a  fair 
synopsis,  of  any  report,  bulletin,  notice  or  other  document, 
issued  for  the  information  of  the  public  from  any  Govern- 
ment Office  or  Department,  or  by  any  Provincial  Board  of 
Health,  Medical  Health  Board,  or  Medical  Health  Officer, 
or  the  publication,  at  the  request  of  any  Government  or 
Municipal  Official,  Commissioner  of  Police,  or  Chief  Con- 
stable, of  any  notice  or  report  issued  by  him  for  the  infor- 
mation of  the  public,  shall  be  privileged,  unless  it  shall 
be  proved  that  such  publication  was  made  maliciously; 

provided 


1906. 


LIBEL  AND  SLANDER. 


Chap.  22. 


183 


provided  that  nothing  in  this  section  shall  authorize  the 
publication  of  any  blasphemous  or  indecent  matter ;  pro-  provi, 
vided  also  that  the  protection  intended  to  be  afforded  by 
this  section  shall  not  be  available  as  a  defence  in  any  pro- 
ceeding, if  the  plaintiff  can  show  that  the  defendant  has 
refused  to  insert  in  the  newspaper  making  such  publication 
a  reasonable  letter  or  statement  of  explanation  or  contra- 
diction by  or  on  behalf  of  the  plaintiff;  provided,  further, 
that  nothing  in  this  section  contained  shall  be  deemed 
or  construed  to  limit  or  abridge  any  privilege  now 
by  law  existing,  or  to  protect  the  publication  of  any  mat- 
ter  not  of  public  concern  or  the  publication  of  which  is  not 
for  the  public  benefit. 


CHAPTER 


184 


Chap.  23. 


DEVOLUTION  OF  ESTATES. 


6  Edw.  VII. 


CHAPTER  23. 


An  Act  to  amend  The  Devolution  of  Estates  Act. 


Assented  to  14th  May,  1906. 

HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows  :  — 


Rev.  Stat, 
c.  127,  s.  4, 
amended. 


1.  Section  4  of  The  Devolution  of  Estates  Act  is  amended 
by  adding  thereto  the  following  subsections  :  — 


Who  to  be 
defendants 
in  action  for 
foreclosure 
-,vhen  no  per- 
sonal represeu 
tative  of  mort- 
gagor. 


Proviso. 


(5)  When  there  is  no  personal  representative  of  a  de- 
ceased mortgagor  of  freehold  land  it  shall  be  sufficient  for 
the  purposes  of  an  action  for  the  foreclosure  of  the  equity 
of  redemption  in  such  land  that  the  person  beneficially 
entitled  under  the  last  will  and  testament  if  any  of  the 
deceased  mortgagor,  or  under  the  provisions  of  this  Act, 
to  such  land  or  the  proceeds  thereof  be  made  defendant  to 
such  action,  and  it  shall  not  be  necessary  that  a  personal 
representative  of  the  deceased  mortgagor  be  appointed  or 
be  made  a  defendant .  thereto  unless  it  shall  be  otherwise 
ordered  by  the  court  in  which  the  action  is  brought  or  a 
judge  thereof :  Provided  always  that  if  a  personal  repre- 
sentative of  the  deceased  mortgagor  shall  be  appointed 
during  the  pendency  of  such  action  and  such  equity  of 
redemption  shall  devolve  upon  and  become  vested  in  him 
he  shall  be  made  a  party  to  such  action. 


"  Mortgagor ' 
meaning  of. 


(6)  The  term  "mortgagor"  shall  include  the  assignee  of 
a.  mortgagor  and  any  person  entitled  to  or  interested  in 
the  equity  of  redemption  in  the  mortgaged  lands. 


Rev.  Stat. 
C  127,  s.  13, 
subs.  1, 
amended . 


2.  Subsection  1  of  section  13  of  The  Devolution  of  Estates 
Act  is  amended  by  adding  after  the  words  "disposed  of"  in 
the  second  line  thereof,  the  following  words :  "divided 
between  the  persons  beneficially  entitled  thereto  under  the 
provisions  of  section  16  of  this  Act." 


Rev.  Stat, 
c.  127.  s.  16, 
repealed. 


3.  Section  16  of  The  Devolution  of  Estates  Act  is  repealed 
and  the  following  substituted  therefor:  — 


1906. 


DEVOLUTION  OF  ESTATES. 


Chap.  23. 


185 


16.— (1)  Subject  to  the  provisions  of  sections  8  and  9  of  lowers  of 

i     •    •  ■  '        ■  i  i  executors  tiiid 

this  Act,  executors  and  administrators  m  whom  the  real  administrators 
and  personal  estate  of  a  deceased  person  is  vested  under  this  an^conve/ing 
Act  shall  have  as  full  power  to  sell  and  convey  such  real real  estate, 
estate  for  the  purpose  not  only  of  paying  debts,  but  also  of 
distributing  or  dividing  the  estate  among  the  parties  bene- 
ficially entitled  thereto  whether  there  are  debts  or  not  as 
they  have  in  regard  to  personal  estate,  and  in  no  case  shall 
it  be  necessary  that  the  persons  entitled  to  such  real  estate 
as  heirs  or  devisees  shall  concur  in  any  such  sale  except 
where  the  sale  is  made  for  the  purpose  of  distribution  only.  w 

(2)  No  sale  of  any  such  real  estate  made  for  the  purpose  ^h^r?  and 
of  distribution  only  shall  be  valid  as  respects  any  heirs  or  devisees, 
devisees  beneficially  entitled  thereto  unless  such  heirs  and 
devisees  concur  therein  :  Provided  always  that  where  lun-  tanatasTnd 
atics  are  beneficially  entitled  as  heirs  or  devisees  or  where  "^""1°^"^ 
there  are  other  heirs  or  devisees  who  do  not  concur  in  the  devisees, 
sale  by  reason  of  their  place  of  residence  being  unknown  or 

where  in  the  opinion  of  the  Official  Guardian  appointed 
under  The  Judicature  Act  it  would  for  any  reason  be  incon- 
venient to  require  the  concurrence  of  such  heirs  or  devisees 
or  where  in  his  opinion  it  would  be  advisable  to  dispense 
with 'such  concurrence,  the  Official  Guardian  may,  upon 
proof  satisfactory  to  him  that  such  sale  is  in  the  interest  and 
to  the  advantage  of  the  estate  of  such  deceased  person  and 
the  persons  interested  therein,  approve  such  sale  on  behalf 
of  such  lunatics,  non-concurring  heirs  and  devisees  and  any 
such  sale  made  with  the  written  approval  of  the  Official 
Guardian  aforesaid  shall  be  valid  and  binding  upon  such 
lunatics,  non-concurring  heirs  and  devisees  to  all  intents 
and  purposes  whatsoever;  and  for  this  purpose  the  Official 
Guardian  aforesaid  shall  have  the  same  powers  and  duties 
as  he  has  in  the  case  of  infants. 

(3)  Such  executors  and  administrators  shall  also  have  ^ewceurtsor°f  and 
power  with   the  concurrence  of  the  persons   beneficially *g  ^j^Jj1,01'8 
entitled  thereto,  or  where  there  are  infants  or  lunatics,  with  estate  among 
the  approval  of  the  Official  Guardian  aforesaid,  to  divide  entnied. 
the  said  estate  of  such  deceased  person  or  any  portion  or 
portions  thereof  amongst  the  persons  entitled  thereto  accord- 
ing to  their  respective  shares  and  interests  therein,  and  the 

power  of  division  conferred  by  this  subsection  may  also  be 
exercised  although  all  the  persons  beneficially  interested 
do  not  concur,  if  the  Official  Guardian  signifies  his  approval 
in  manner  aforesaid,  and  the  Official  Guardian  may  approve 
any  such  division  on  behalf  of  non-concurring  heirs  or 
devisees  under  the  same  conditions  and  with  the  same  effect 
as  in  the  case  of  a  sale  under  subsection  2  of  this  section. 

Section  not  to 


(4)  This  section  shall   not   apply  to  any  administrator  ^£tK 


to 


where  the  letters  of  administration  are  limited  to  the  per-  ^mimstrators 

rog-" 
ate 


sonal  estate,  exclusive  of  the  real  estate,  and  shall  not  derog-  estafeoniy! 


186 


Chap.  23. 


DEVOLUTION  OF  ESTATES. 


6  Edw.  VII. 


ate  from  any  right  possessed  by  an  executor  or  adminis- 
trator independently  of  this  Act. 

17^*8  VI1''  °  ^'  Section  8  of  the  Act  passed  in  the  second  year  of  the 
pealed.  reign  of  His  Majesty  King  Edward  the  Seventh,  Chap- 

tered 17,  intituled  An  Act  to  further  amend  The  Devolu- 
tion of  Estates  Act,  is  hereby  repealed. 

5.  Section  12  of  the  Act  passed  in  the  second  year  of  the 
reign  of  His  Majesty  King  Edward  the  Seventh,  Chap- 
tered 17,  intituled  An  Act  to  farther  amend  The  Devolu- 
tion of  Estates  Act,  is  amended  bj  striking  out  the  words 
"within  the  said  year"  in  the  ninth  line  thereof  and  the 
words  "shall  have  caused"  in  the  ninth  and  tenth  lines 
thereof  and  by  inserting  after  the  word  "administrators" 
in  the  ninth  line  thereof  the  word  "cause." 

[Note. — This  Act  will  not  come  into  force  until  Pro- 
clamation by  Lieutenant-Governor  in  Council.  See  Cap. 
19,  sec.  18.1 


2  Edw.  VII., 
c.  17,  s.  12 
amended^ 


Real  estate  of 
of  persons 
dying  between 
1st  July  1886, 
and  4th  May, 
1891. 


CHAPTER 


1906. 


MEDICINE. 


Chap.  24.  187 


CHAPTER  24. 


w 

An  Act  to  amend  The  Ontario  Medical  Act. 


Assented  to  27th  April,  1906. 

HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows  :  — ■ 

1.  Section  27  of  The  Ontario  Medical  Act  is  amended  by  Rev.stat., 
striking  out  the  word  "or"  where  it  occurs  before  the  word  amVnd'^d2'' 
"Kingston"  in  the  seventh  line  of  the  said  section,  and  by 
adding  after  the  word  "Kingston"  in  the  seventh  line  of  Place  for 

ii  -i  ,i  j     u      j  t       J        "  holding  exam- 

ine said  section  the  words    and  London.  inations. 


CHAPTER 


188 


Chap.  25. 


PHARMACY. 


6  Edw.  VII 


CHAPTER  25. 


An  Act  to  further  amend  The  Pharmacy  Act. 


Assented  to  27th  April,  1906. 

HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows  : — 


cer/sa26  Section  26    of   The   Pharmacy  Act  as  amended  by 

amended.  5  Edward  VII.,  Chapter  lb,  Section  9  is  further  amended  by 
inserting  after  the  word  "title"  in  the  twelfth  line  of 
the  said  section  26,  the  following  words:  — 

"And  no  company  incorporated  under  any  of  the  Acts 
in  force  regulating  Joint  Stock  Companies  shall  sell  or 
keep  open  shop  for  retailing,  dispensing  or  compounding 
poisons,  drugs  or  medicines,  as  aforesaid,  or  sell  or  at- 
tempt to  sell  any  of  the  articles  mentioned  in  Schedule 
"A"  to  this  Act,  unless  a  majority  of  the  directors  thereof 
are  duly  registered  as  pharmaceutical  chemists  or  chemists 
and  druggists  under  this  Act,  and  unless  one  of  such 
directors  shall  personally  manage  and  conduct  such  shop, 
and  shall  have  his  name  and  certificate  posted  up  in  a 
conspicuous  position  in  the  shop,  and  no  person  not  so 
registered  as  a  pharmaceutical  chemist  or  chemist  and 
druggist  shall  in  any  way  interfere  with  or  take  part  in 
the  management  and  conduct  of  such  shop,  and 
anything  which  would  be  an  offence  under  this  Act  if  com- 
mitted by  an  individual  shall  be  an  offence  by  each  of 
such  registered  directors,  and  by  such  company,  and  the 
prosecution  of  either  of  them  shall  not  be  a  bar  to  the 
prosecution  of  the  other." 

meTofTet  2.  This  Act  shall  not  come  into  force  until  the  first  day 
of  August,  1906. 


CHAPTER 


1906. 


STATIONARY  ENGINEERS. 


Chap.  26  189 


CHAPTER  26. 


An  Act  to  amend  The  Act  respecting  Stationary 
Engineers. 

Assented  to  14th  May,  1906. 

HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows:  — 

1.  The  Act  respecting  Stationary  Engineers  is  amended  Rev^n*..^ 
by  adding  thereto  the  following  sections : 

20.  There  shall  be  a  Board  of  Examiners  for  the  examin-  Board  of  ex- 
ation  of  Stationary  Engineers,  which  shall  consist  of  twelve  appointed, 
persons  to  be  appointed,  from  time  to  time,  by  the  Lieuten- 
ant-Governor in  Council,  and  one  member  shall  be  appoint- 
ed Chairman  of  the  said  Board. 

21.  Any  five  members  of  the  Board  of  Examiners  shall  Quorum 
form  a  quorum. 

22.  — (1)  Every  member  of  the  Board  of  Examiners  shall  Term  of  office, 
hold  office  for  a  period  of  three  years  at  the  pleasure  of  the 
Lieutenant-Governor  in  Council,  but  shall  be  eligible  for  re- 
appointment. 

(2)  In  case  of  a  vacancy  by  death,  resignation  or  any 
other  cause  the  Lieutenant-Governor  shall  appoint  a  new 
member  to  fill  the  vacancy  for  the  unexpired  portion  of 
the  three  years. 

23.  The  Board  of  Examiners  shall  appoint,  from  time  to  secretary, 
time,  some  person  to  act  as  its  secretary. 

24.  The  Board  of  Examiners  may  make  regulations,  from  Regulations  of 
time  to  time,  subject  to  the  approval  of  the  Lieutenant- 
Governor  in  Council : 


Board . 


(1)  For  the  examination  of  candidates  presenting  them- 
selves for  certificates  of  qualification  under  this  Act,  for 
prescribing  the  subjects  in  which  such  candidates  shall  be 

examined, 


190 


Chap.  26. 


STATIONARY  ENGINEERS. 


6  EDW.  VII 


examined,  and  the  time  and  place  for  holding  such  exam- 
inations, and  the  proof  to  be  furnished  by  candidates  as  to 
capacity,  sobriety  and  good  character,  and  the  issuing 
by  The  Board  of  Examiners  of  certificates  of  qualification 
under  this  Act. 

(2)  For  fixing  the  fees  to  be  paid  by  such  candidates  upon 
any  such  examination  or  on  any  certificate  granted  by  The 
Board  of  Examiners,  and  for  fixing  the  annual  fee  pay- 
able for  the  renewal  of  any  such  certificate. 

(3)  For  prescribing  the  causes  for  which  any  such  certifi- 
cate may  be  revoked,  cancelled  or  suspended. 

Register.  25.  The  secretary  of  The  Board  of  Examiners  shall  keep 

a  register  in  which  shall  be  entered  the  name  of  every 
person  to  whom  a  certificate  of  qualification  is  granted 
under  this  Act,  together  with  the  date  of  the  same. 

26.  No  person  who  is  not  the  holder  of  a  certificate  of 
qualification  under  this  Act  shall  operate  or  have  charge 
for  more  than  30  days  at  any  one  time  of  any  steam 
plant  operating  an  engine  of  50  horse  power  or  over 
in  the  Province  of  Ontario  after  the  first  day  of  July,  1907, 
nor  shall  any  person  after  the  said  date  employ  any  per- 
son who  is  not  the  holder  of  such  certificate  to  operate 
or  have  charge  of  any  such  steam  plant. 

Penalty.  27.  Every  person  guilty  of  a  violation  of  the  preceding 

section  shall,  upon  summary  conviction  thereof  before  one 
or  more  Justices  of  the  Peace,  incur  a  penalty  of  not  less 
than  $10  nor  more  than  $25,  besides  costs. 

who  e^ntnied^  28.  Every  engineer  who,  at  the  time  of  the  passing  of  this 
out  examina-  Act  shall  hold  a  certificate  from  the  Ontario  Associa- 
tlon"  tion  of  Stationary  Engineers  or  who  shall  be  in  charge 

of  any  steam  plant  coming  under  the  provisions  of  this 
Act,  or  who  has  had  at  least  two  years'  experience  in  the 
operation  of  such  a  steam  plant,  and  who  applies  to  the 
Board  of  Examiners  for  such  a  certificate  of  qualification 
before  the  first  day  of  July,  1907,  shall,  upon  furnish- 
ing such  evidence  of  good  character  as  The  Board  of 
Examiners  may  require,  and  upon  payment  of  the  pre- 
scribed fee,  be  entitled  to  receive  a  certificate  of  qualifica- 
tion from  the  Board  of  Examiners. 

Appeal  to  29.  Any  person  who  feels  himself  aggrieved  by  the  deci- 

AgricuUure.  sion  of  the  Board  of  Examiners  may  appeal  therefrom  to 
the  Minister  of  Agriculture,  upon  giving  such  notice  as 
the  Minister  may  prescribe,  and  the  decision  of  the  Min- 
ister of  Agriculture  shall  be  final. 

30 


Unqualified 
persons  not  to 
operate  steam 
plant. 


1906.  STATIONARY  ENGINEERS.  Chap.  26  ]91 

30.  The  Board  of  Examiners  shall  make  a  report  in  writ-  Boanfto' 
ing  to  the  Minister  of  Agriculture  on  or  before  the  31st  ^"-^t  ,°fe 
day  of  December  in  every  year  showing : 

(a)  The  number  of  certificates  granted  by  them  during 

the  preceding  year,  and  the  persons  to  whom 
the  same  were  granted ; 

(b)  The  number  of  applications  for  certificates  refused 

during  the  preceding  year  and  the  causes  for 
refusal ;  v 

(c)  The  number  of  certificates  revoked,  cancelled  or 

suspended  during  the  preceding  year,  and  the 
causes  for  the  same; 

(d)  The  amount  of  fees  received  by  them  from  candi- 

dates or  holders  of  certificates  during  the  pre- 
ceding year; 

(e)  Tfie  travelling  and  other  expenses  of  the  Board  of 

Examiners  and  the  Secretary,  the  fees,  salary 
or  other  remuneration  received  by  the  Board 
of  Examiners  and  the  Secretary; 

if)  Upon  such  other  matters  as  may  be  directed  by  the 
Minister  of  Agriculture  or  the  Lieutenant-Gov- 
ernor in  Council. 

31.  The  receipts  and  expenses  of  the  Board  of  Examin-  Audit  of  re- 
ers  shall  be  audited  by  a  chartered  accountant,  not  a  member  ptoses  of  BoaVd 
of  the  Board  of  Examiners,  and  the  fees,  salary  or  other 
remuneration  paid  to  the  Board  of  Examiners,  and  the 
Secretary  shall  be  paid  out  of  the  fees  received  from  can- 
didates and  others,  and  shall  in  all  cases  be  subject  to  the 
approval  of  the  Minister  of  Agriculture. 

32.  The  certificate  held  by  any  person  under  this  Act  certificates  to 
shall  at  all  times  be  exposed  to  view  in  the  engine  or  boiler  engineToom11 
room  in  which  such  person  is  employed,  and  failure  to  keep 

such  certificate  exposed  shall  be  -prima  facie  evidence  of  the 
lack  of  qualification  under  this  Act. 

2.  Sections  16,  17  and  18  of  the  said  Act  are  repealed.     Rev.  stat.,c. 

r  185,  ss.  16,  17 

and  18,  repeal- 

3.  Section  19  of  the  said  Act  is  amended  by  adding  at ed' 

the  end  thereof  the  words  "but  nothing  in  this  Act  con-  Rev.  stat.  c. 
tained  shall  apply  to  the  operation  of  any  steam  plant  oper-  amended, 
ating  an  engine  of  less  than  fifty  horse  power. 


CHAPTER 


192 


Chap.  27.     PROSPECTUSES  ISSUKD  BY  COMPANIES.     t>  Ee>W.  VII. 


CHAPTER  27. 


An  Act  respecting"  Prospectuses  issued  by 
'  Companies. 


Assented  to  27th  April,  1906. 

HIS  MAJESTY,  by  and  with  the  advice  and  consent 
of  the  Legislative  Assembly    of  the   Province  of 
Ontario,  enacts  as  follows:  — 

meanin|CofS  1. — (1)  In  this  Act  the  word  "prospectus"  shall  mean 
any  prospectus,  notice,  circular,  advertisement  or  other 
invitation  offering  for  subscription  or  purchase  any  shares, 
debentures  or  other  securities  of  a  company,  and  the  word 
"company"  shall  mean  any  company  incorporated  or  pro- 
posed to  be  incorporated. 

(2)  This  Act  shall  apply  to  every  company  whether 
formed  before  or  after  the  commencement  of  this  Act  which 
offers  for  subscription  or  sale  shares,  debentures  or  other 
securities  and  to  every  company  whether  incorporated  under 
the  laws  of  the  Province  of  Ontario  or  otherwise,  the  shares, 
debentures  or  other  securities  of  which  are  dealt  in  within 
the  Province  of  Ontario. 


commissions.  2. — (1)  Upon  any  offer  of  shares  to  the  public  for  sub- 
scription, it  shall  be  lawful  for  a  company  to  pay  a  com- 
mission to  any  person  in  consideration  of  his  subscribing 
or  agreeing  to  subscribe,  whether  absolutely  or  condition- 
ally, for  any  shares  in  the  company,  or  procuring  or  agree- 
ing to  procure  subscriptions,  whether  absolute  or  condi- 
tional, for  any  shares  in  the  company,  if  the  payment  of 
the  commission  and  the  amount  or  rate  per  cent,  of  the 
commission  paid  or  agreed  to  be  paid  are  respectively 
authorized  by  the  letters  patent  or  supplementary  letters 
patent  and  disclosed  in  the  prospectus,  and  the  commission 
paid  or  agreed  to  be  paid  does  not  exceed  the  amount  or 
rate  so  authorized. 

be  applied  in°  ^  Save  as  aforesaid,  no  company  shall  apply  any  of  its 
paying  com-    shares  or  capital  money  either  directly  or  indirectly  in 

missions  except  a     j«  •     •  t  j  li  • 

as  authorized,  payment  o±  any  commission,  discount  or  allowance,  to  any 

person 


1906 


PROSPECTUSES  ISSUED  BY  COMPANIES.      Chap.  27. 


193 


person  in  consideration  of  his  subscribing  or  agreeing  to 
subscribe,  whether  absolutely  or  conditionally,  for  any 
shares  of  the  company  or  procuring  or  agreeing  to  procure 
subscriptions  whether  absolute  or  conditional,  for  any  shares 
in  the  company,  whether  the  shares  or  money  be  so  applied 
by  being  added  to  the  purchase  money  of  any  property 
acquired  by  the  company  or  to  the  contract  price  of  any 
work  to  be  executed  for  the  company,  or  the  money  be 
paid  out  of  the  nominal  purchase  money  or  contract  price,  v 
or  otherwise. 

(3)  Nothing   in  this  section  shall   affect   the  power  of  bep^Yd86  may 
any  company  to  pay  such  brokerage  as  it  has  heretofore 
been  lawful  for  a  company  to  pay. 

3.  — (1)   Every  company   heretofore   or  hereafter  incor-  what  com- 
porated  under  any  general  or  special  Act  of  the  Legisla-  tile  prospec- 
ture  of  the  Province  of  Ontario,  which  increases  the  num-  tuses' 

ber  of  its  shareholders  to  a  number  greater  by  ten  than  the 
number  of  applicants  for  incorporation  or  which  has  its 
debentures  or  other  securities  held  by  more  than  ten  per- 
sons, and  every  company  incorporated  otherwise  than  as 
above  set  out  which  has  more  than  ten  shareholders  or 
holders  of  debentures  or  other  securities  within  the  Pro- 
vince of  Ontario,  shall  fyle  a  prospectus  in  the  manner 
hereinafter  set  forth. 

(2)  All  sales,  subscriptions  or  other  dispositions  of 
shares,  debentures  or  other  securities  of  any  company  re- 
quired in  the  manner  above  provided  to  fyle  a  prospectus, 
shall  be  deemed  as  against  the  company  or  the  signatories  to 
the  prospectus  to  be  induced  by  such  prospectus,  and  any 
term,  proviso  or  condition  of  such  prospectus  to  the  con- 
trary shall  be  void. 

(3)  No  subscription  for  stock,  debentures  or  other  securi- 
ties, induced  or  obtained  by  verbal  representations,  shall 
be  binding  \ipon  the  subscriber,  unless  prior  to  his  so  sub- 
scribing he  shall  have  received  a  copy  of  the  prospectus. 

4.  — (1)  Every  prospectus  issued  by  or  on  behalf  of  aDateof 
company  or  in  relation  to  any  intended  company  shall  be  prospectus, 
dated,  and  that  date  shall,  unless  the  contrary  be  proved, 

be  taken  as  the  date  of  publication  of  the  prospectus. 

(2)  A  copy  of  every  such  prospectus  shall  be  signed  by  prospectus  to 
every  person  who  is  named  therein  as  a  director  or  pro-  |\^d  and 
posed  director  or  provisional  director  of  the  company,  or 

by  his  agent  authorized  in  writing,  and  shall  be  filed  with 
the  Provincial  Secretary,  on  or  before  the  date  of  its  pub- 
lication. 

(3)  The  Provincial  Secretary  shall  not  receive  or  fyle  any  Not  to  be 
prospectus  unless  it  is  so  dated  and  signed.    No  prospectus  ]\\"£'.  un  1 
shall  be  issued  until  so  filed,  and  every  prospectus  shall 

state  on  the  face  of  it  that  it  has  been  so  filed. 

13  s.  5- 


194 


Chap  27.     PROSPECTUSES  ISSUED  BY  COMPANIES.     6  EDW.  VII. 


Particulars  as 
to  incor- 
porators. 


Qualification 
and  remunera- 
tion of 
directors. 


Directors . 


Subscription 
upon  which 
allotment  may 
proceed. 


disclos^in        5. — (1)  Every  prospectus  issued  by  or  on  behalf  of  a 
prospectus.     company  or  in  relation  to  any  intended  company  or  by  or 
on  behalf  of  any  person  who  is  or  has  been  engaged  or 
interested  in  the  formation  of  the  company,  shall  state :  — 

(a)  The  names,  descriptions  and  addresses  of  the  orig- 
inal incorporators,  and  the  number  of  shares 
subscribed  for  by  them  respectively; 

(6)  The  number  of  shares,  if  any,  fixed  as  the  qualifi- 
cation of  a  director,  and  any  provision  in  the 
by-laws  of  the  company  as  to  the  remuneration 
of  the  directors ; 

(c)  The  names,  descriptions  and  addresses  of  the  direc- 
tors or  proposed  directors; 

(d)  The  minimum  subscription  on  which  the  directors 
may  proceed  to  allotment,  and  the  amount  pay- 
able on  application  and  allotment  on  each  share ; 
and,  in  the  case  of  a  second  or  subsequent  offer 
of  shares,  the  amount  offered  for  subscription 
on  each  previous  allotment,  and  the  amount 
actually  allotted; 

(e)  The  time  or  times  at  which  under  the  by-laws  of 
the  company  a  further  call  or  calls  may  be  made 
upon  shares  subscribed  for. 

(/)  The  number  and  amount  of  shares  issued,  or  agreed 
to  be  issued,  as  fully  or  partly  paid  up  other- 
wise than  in  cash,  and  in  the  latter  case  the 
extent  to  which  they  are  so  paid  up,  and  the 
number  and  amount  of  bonds,  debentures  or 
other  securities  issued  or  to  be  issued  and 
allotted  to  any  person; 

(g)  The  names  and  addresses  of  the  vendors  of  any 
property  purchased  or  acquired  by  the  com- 
pany, or  proposed  so  to  be  purchased  or  acquired, 
which  is  to  be  paid  for  wholly  or  partly  out  of 
the  proceeds  of  the  issue  offered  for  subscription 
by  the  prospectus,  or  the  purchase  or  acquisi- 
tion of  which  has  not  been  completed  at  the 
date  of  publication  of  the  prospectus  and  the 
amount  payable  in  cash,  shares,  bonds,  deben- 
tures or  other  securities  Ac  -"j&dor,  "*ad 
where  there  is  more  than  one  separate  vendor, 
or  the  company  is  a  sub-purchaser,  the  amount 
so  payable  to  each  vendor; 

(h)  The  amount  (if  any)  paid  or  payable  as  purchase 
money  in  cash,  shares  or  debentures  of  any  such 
property  as  aforesaid,  specifying  the  amount 
payable  for  good-will ; 

13a  s.  (i) 


Shares  and 
bonds  allotted 
for  other  than 
cash  considera- 
tion. 


Vendors  of 
property  to 
company. 


Consideration 
for  purchase 
Commissions. 


1908. 


PROSPECTUSES  ISSUED  BY  COMPANIES.       Chap.  27. 


195 


(i)  The  amount  (if  any)  paid  or  payable  as  commission 
for  subscribing,  or  agreeing  to  subscribe,  or 
procuring  or  agreeing  to  procure  subscriptions 
for  any  shares  in  the  company,  or  for  under- 
writing or  procuring  the  underwriting  of  any 
securities  issued  or  to  be  issued  by  the  com- 
pany or  the  rate  of  any  such  commission ; 

(;)  The  amount  or  estimated  amount  of  preliminary  ex^^ses"3' 
expenses  ; 

(k)  The  amount  paid  or  intended  to  be  paid  to  any  Promoter's 

x/  j  it  •  i       j  •         p  i  remuneration. 

promoter  and  the  consideration  for  any  such 
payment ; 

(/)  The  dates  of  and  parties  to  every   material   con- Particulars  as 

■       to  mtLtcri&l 

tract,  and  a  reasonable  time  and  place  at  which  contracts, 
any  material  contract  or  a  copy  thereof  may 
be  inspected;  provided  that  this  requirement 
shall  not  apply  to  a  contract  entered  into  in  the 
ordinary  course  of  the  business  carried  on  or 
intended  to  be  carried  on  by  the  company,  or 
to  any  contract  entered  into  more  than  three 
years  before  the  date  of  publication  of  the 
prospectus ; 

(m)  The  names  and  addresses  of  the  auditors  (if  any)  Names,  etc , 
of  the  company; 

(n)  Full  particulars  of  the  nature  and  extent  of  the  J.nterfst  °.f 

directors  in 

interest  (if  any)  of  every  director  in  the  promo- property 
tion  of  or  in  the  property  proposed  to  be  acquired  company, 
by  the  company,  with  a  statement  of  all  sums 
paid  or  agreed  to  be  paid  to  him  in  cash  or 
shares  by  any  person  either  to  qualify  him  as  a 
director  or  otherwise  for  services  rendered  by 
him  in  connection  with  the  formation  of  the 
company. 

(2)  For  the  purposes  of  this  section  the  word  "vendor"  ^ha"^" 
shall  extend  to  and  include  a  vendor  who  has  entered  into  include, 
any  contract,  absolute  or  conditional,  for  the  sale  or  pur- 
chase or  for  any  option  of  purchase,  of  any  property  to  be 
acquired  by  the  company  in  any  case  where — 

(a)  The  purchase  money  is  not  fully  paid  at  the  date 
of  publication  of  the  prospectus;  or 

(6)  The  purchase  money  is  to  be  paid  or  satisfied  wholly 
or  in  part  out  of  the  proceeds  of  the  issue  offered 
for  subscription  by  the  prospectus;  or 

(c)  The  contract  depends  for  its  validity  or  fulfilment 
on  the  result  of  such  issue. 

(3)  Where  any  of  the  property  to  be  acquired  by  the  when  "  ven- 
company  is  to  be  taken  on  lease,  this  section  shall  apply  as  "°essOT."UdeR 
if  the  expression  "vendor"  included  the  lessor,  and  the 

expression 


196 


Chap.  27.     PROSPECTUSES  ISSUED  BY  COMPANIES.      6  El)W.  VII. 


expression  "purchase  money"  included  the  consideration 
for  the  lease,  and  the  expression  "sub-purchaser"  included 
a  sub-lessee. 

Application  of      (4)  This  section  shall  not  apply  to  a  circular  or  notice 

section  ■      •  . 

inviting  existing  shareholders  or  debenture  holders  of  a 
company  to  subscribe  for  further  shares  or  debentures;  but 
subject  as  aforesaid,  this  section  shall  apply  to  any  pros- 
pectus whether  issued  on  or  with  reference  to  the  formation 
of  a  company  or  subsequently;  provided  that — 

(a)  The  requirements  as  to  the  original  incorporators 
and  the  qualification,  remuneration,  and  inter- 
est of  directors,  the  names,  descriptions  and 
addresses  of  directors  or  proposed  directors,  and 
the  amount  or  estimated  amount  of  preliminary 
expenses,  shall  not  apply  in  the  case  of  a  pro- 
spectus published  more  than  one  year  after  the 
date  of  the  first  general  meeting,  and 

(6)  In  the  case  of  a  prospectus  published  more  than 
one  year  after  the  date  of  such  meeting,  the 
obligation  to  disclose  all  material  contracts  shall 
be  limited  to  a  period  of  two  years  immediately 
preceding  the  publication  of  the  prospectus. 


piiance  with"1'  Any  condition  requiring  or  binding  any  applicant  for 

section  to  be  shares  or  debentures  to  waive  compliance  with  any  require- 
ment of  this  section,  or  purporting  to  affect  him  with  notice 
of  any  contract,  document  or  matter  not  specifically  referred 
to  in  the  prospectus,  shall  be  void. 

tus  advertised"     (6)  Where  any  such  prospectus  as  is  mentioned  in  this 
in  newspaper,  section  is  published  as  a  newspaper  advertisement,  it  shall 
not  be  necessary  to  specify  the  names  of  original  incorpor- 
ators and  the  number  of  shares  subscribed  for  by  them. 


'  6. — (1)  Every  provisional  director,  director  or  other  per- 
son Responsible  for  the  issue  and  publication  of  such  pros- 
pectus shall  for  every  violation  of  the  provisions  of  the 
next  preceding  three  sections  be  liable  on  summary  con- 
viction to  a  penalty  not  exceeding  $200  and  costs,  pro- 
vided that  no  provisional  director,  director  or  other  person 
shall  incur  any  liability  by  reason  of  non-compliance  with 
the  said  section, 

(a)  As  regards  any  matter  not  disclosed,  if  he  was  not 

cognizant  thereof,  or 

(b)  if  the  non-compliance  arose  from  an  honest  mistake 

of  fact  on  his  part, 

And  provided  that  in  the  event  of  non-compliance  with 
the  requirements  contained  in  paragraph  (n)  of 

subsection 


1906. 


PROSPECTUSES  ISSUED  BY  COMPANIES.       Chap.  27. 


197 


subsection  1  of  section  5,  no  director  or  other 
person  shall  incur  any  liability  in  respect  of  such 
non-compliance  unless  it  is  proved  that  he  had 
knowledge  of  the  matters  not  disclosed. 

(2)  Nothing  in  this  section  or  the  said  preceding  three  Liability  under 
sections  shall  limit  or  diminish  any  liability  which  any  per-  lot  affected, 
son  may  incur  under  the  general  law  apart  from  this  Act. 

7. — (1)  Where  any' advertisement,  letter-head,  account  capitarto  be 
or  document  issued  or  published  by  any  corporation  or  any  ^advertise-16 
officer,  agent  or  employe  of  any  such  corporation,  purports  men*'"t,tc- 
to  state  the  capital  of  the  corporation,  then  the  capital 
actually  and  in  good  faith  subscribed  and  no  mare  shall  be 
so  stated; 

(2)  Any  such  corporation,  officer,  agent  or  employee  who  Penalty, 
causes  to  be  inserted  an  advertisement  or  who  publishes, 
issues  or  causes  to  be  published  or  issued  any  advertise- 
ment, letter-head,  account  or  document  which  states,  as 

the  capital  of  such  corporation  any  larger  sum  than  the 
amount  of  such  subscribed  capital  so  actually  and  in  good 
faith  subscribed  as  aforesaid,  or  which  contains  any  false 
statement  as  to  the  incorporation,  control,  supervision, 
management  or  financial  standing  of  such  corporation  shall 
be  liable,  upon  summary  conviction,  to  a  penalty  not 
exceeding  $200  and  costs  and  not  less  than  $50  and  costs. 

(3)  Any  one  may  be  prosecutor  or  complainant  under  who  may 
this  Act,  and  one-half  of  any  fine  imposed  by  virtue  of  this  application 
Act,  shall,  when  received,  belong  to  His  Majesty  for  the  penalty- - 
use  of  the  Province  and  the  other  half  shall  belong  to  the 
prosecutor  or  complainant. 


CHAPTER 


198 


Chap.  28. 


EOAD  COMPANIES. 


Edw.  VII. 


CHAPTER  28. 


An  Act  to  amend  The  General  Road  Companies  Act. 


Assented  to  14th  May,  1906. 

HIS  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  Ontario, 
enacts  as  follows : 

awf&Vi         1-    Section  74  of  The  General  Road  Companies  Act  is 
amended.       amended    by   adding   at   the   end   thereof   the  following 
paragraph  : — 

Exemption  of  10.  Every  person  with  a  vehicle  laden  solely  with  straw 
loaded  with°les  and  carrying  such  straw  from  any  township  to  any  city, 
straw.  town  or  incorporated  village  for  the  purpose  of  exchanging 

the  same  for  manure  to  be  brought  back  the  same  day,  and 
the  horse  or  horses  or  other  beasts  of  draught  drawing  such 
vehicle  passing  any  turnpike,  gate  or  toll  gate  on  such  road 
within  twenty  miles  of  such  city,  town  or  incorporated  vil- 
lage as  well  in  going  to  such  city,  town  or  incorporated 
village  as  in  returning  therefrom,  if  the  vehicle  be  then 
laden  solely  with  manure. 


CHAPTER 


1906. 


GAS  AND  WATER  COMPANIES. 


Chap.  29. 


199 


CHAPTER  29. 


An  Act  to]  amend  The  Act  respecting  Joint  Stock 
Companies  for  supplying  Cities,    Towns   and v 
Villages  with  Gas  and  Water. 


Assented  to  14th  May,  1906. 

HIS  MAJESTY,  by  and  with  the  advice  and  consent 
of   the   Legislative   Assembly   of   the    Province  of 
Ontario,  enacts  as  follows  : — 

1 .    Section  1 2,  of  The  Act  respecting  Joint  Stock  Companies  f^m^n 
for  Supplying  Cities,  Towns  and  Villages  with  Gas  and  amended. ' 
Water,  as  amended  by  section  1  of  chapter  17  of  the  Acts 
passed  in  the  fifth  year  of  His  Majesty's  reign,  is  further 
amended  by  adding  after  the  word  "  placed  "  in  the  second 
line  of  the  said  section,  the  following  words :   "  or  any 
municipality  lying  adjacent  to  or  adjoining  a  municipality  Municipalities 
in  which  such  works  are  erected  or  placed,  may,  subject  to  ^companies, 
the  provisions  of  clause  a  of  section  700,  of  The  Consoli- 
dated Municipal  Act,  1903,  as  to  obtaining  the  assent  of  the 
ratepayers,  guarantee  the  payment  of  the  bonds  or  deben- 
tures of  such  company  or  " 


CHAPTER 


200  Chap.  30. 


RAILWAYS. 


6  Edw.  VII. 


CHAPTER  30. 

An  Act  respecting  Steam,  Electric  and  Street 
Railways. 

Assented  to  14th  May,  1906. 


Short  Title,  s.  1. 
Interpretation,  s.  2. 
Application  of  Act,  ss.  3,  4. 
Incorporation,  s.  5. 
Organization  of   the  Company, 
ss.  6-49. 
Offices,  s.  6. 

Provisional  Directors,  s.  7. 
Capital,  b.  8. 
Increase  of  Capital,  s.  9. 
General  Meetings,  (Annual  and 

Special),  ss.  10-13. 
President  and  Directors,  ss.  14-23. 
Calls,  s.  24. 

Shares  and  transfer  of,  ss.  25-34. 
Shareholders,  ss.  35-37. 
Preference  Stock,  s.  38. 
Dividends  and  Interest,  ss.  39-42. 
Bond,  Mortgages  and  Borrowing 

Powers,  ss.  43-49. 
Powers,  ss.  51-58. 
General,  ss.  51-55. 
Telegraph  and  telephone  lines, 

s.  56. 

Interchange  of  traffic,  s.  57. 

Amalgamation  and  running  ar- 
rangements, s.  58. 
Plans  and  Surveys,  s.  59. 

Taking  of  lands  without  consent 
of  owner,  ss.  60-68. 

Gravel  pits,  etc.,  s.  69. 

Switches  and  sidings  to  indus- 
tries, s.  70. 

Purchase    of  more    land  than 
necessary,  s.  71. 

Snow  Fences,  etc.,  s.  72. 

Use  of  adjacent  lands  during  con- 
struction, s.  73. 

Proceedings  where  more  space 
required,  s.  74. 
Construction  of  Railway,  ss.  80- 
86. 

Guage,  s.  75. 

Trains,    Cars   and  Appliances, 
ss.  76-82. 

Road  Bed  and  Adjacent  Lands, 
ss.  83-113. 
Frogs,  Packing,  etc.,  s.  83. 
Drainage,  ss.  84-85. 
Farm  Crossings,  s.  86. 
Fences,  Gates  and  Cattle  Guards, 
8-87. 


Bridges,     Tunnels    and  other 

structures,  se.  88,  89. 
Highway  Crossings,  ss.  90-97. 
Crossings  and  Junctions,  s.  98. 
Mines  and  Minerals,  ss.  99-104. 
Weeds   on    Companv's  Land, 

s.  105. 

Fires,  prevention  of  and  liabilitv 

for,  s.  106. 
Construction  of  Road  by  sections, 

ss.  107-109. 
Compensation     to    owners  of 

lands  adjoining  highways,  s. 

Limitation  of  time  for  construc- 
tion, s.  111. 

Use  of  Steam  during  construc- 
tion, s.  112. 

Contracts  for  construction,  s  113. 
Operation  of  the  Railway,  ss. 
114-129. 

Regulations  governing  the  run- 
ning of  trains,  ss.  114-126. 

Sleeping  and  Parlor  Cars,  s.  127. 

Stations  and  Accomodations,  s. 
128. 

Blackboards  as  to  Trains  on  Time, 
s.  129. 

Municipal   Bonuses   and  Loan, 
ss.  130-148. 
Exemptions  from  Taxation,  s.149. 
By'-laws,  Rules  and  Regulations. 
ss.  150,  159,  161. 
Notices  of  By-laws,  etc.,  s.  160. 
Inspection  of  Railways,  ss,  162- 
168. 

Inspecting  Engineers,  s.  162. 
Inspection  of  Line,  ss.  163-167. 
Inspection  not  relieve  from  liabi- 
lity, s.  168. 
Tolls,  ss.  169-178. 
By-laws  as  to,  s.  169. 
Collection  of  Tolls,  s.  170. 
Passenger    Fares    on  Electric 

Roads,  s.  171. 
Board  and  Members  of  Legisla- 
ture to  be  carried  free,  s.  172. 
Discrimination,  ss.  173-178. 
Railway  Constables,  ss.  179-188. 
Passenger  Conductors  to  have 
power  as  Constables,  ss.  185- 
188. 

Street 


1906.  railways.  Chap.  30.  201 


Street  Railways  and  Railways 
Operating  on  Highways,  ss. 
189-221. 

General  Provisions,  ss.  189-192. 
Sunday  Cars,  s.  193. 
Guardwires,  ss.  194-195. 
Forfeiture  by  Non-user,  s.  196. 
Additional   Powers  of  Electric 

Street  Railways,   ss.  197-199, 

200. 

Notice  of  By-laws  granting  fran- 
chise, s.  198. 

Expropriation  by  Street  Railway 
Companies,  s.  201. 

Duration  of  Street  Railway 
Franchises,  ss.  202-207. 

Duration  of  Privileges  to  Operate 
Electric  Railwavs  on  highways, 
s.  208. 

Fenders,  Brakes,  etc.,  ss.  209- 
212. 

Lavatories,  etc.,  ss.  213,  214. 

Unclaimed  Property,  s.  215. 

Transfer  in  Ownership  of  High- 
ways, s.  216. 
Agreements  with  Municipalities 
for  Operating  on  Highways, 
ss.  217-220. 


Model  Agreements,  s.  217. 
Radial  Lines,  s.  218. 
Examination  of  Motormen,  s. 
221. 

Examination  for  Colour  Blind- 
ness, s.  222. 

Actions  for  Damages,  s.  223. 

Agreements  Waiving  Rights  to 
Damages,  etc.,  s.  224. 

Wages  of  Labourers  ox  Sub- 
sidized Lines,  s.  225. 

Lien  for  Wages,  s.  226. 

Hours  of  Labour,  s.  227. 

Returns,  ss.  228-236. 

Investigation  of  Accidents,  s. 
237. 

Animals  at  Large,  s.  238. 
Offences  and  Penalties,  ss.  239- 
255. 

Recovery  on  Payment  of  Penal- 
ties, ss.  253-255. 

Transmission  of  Power  on  Right 
of  Way,  s.  256. 

Use  of  Railway  by  Dominion 
Government,  s.  257. 

Conveyance  of  Land,  s.  258. 

Repeal  of  Former  Enactments, 
s.  259. 


HIS  MAJESTY,  by  and  with  the  advice    and  consent 
of  the  Legislative  Assembly  of  the  Province  of  On- 
tario, enacts  as  follows : 


SHORT  TITLE. 

1.  This  Act  may  be  cited  as  "The  Ontario  Railway  Act,  ^hort  title. 
1906." 

INTERPRETATION . 

2.  Where  the  words  following  occur  in  this  Act,  and  in  in terpretation 
the  special  Act  incorporating  any  Railway  or  Street  Rail- 
way Company,  they  shall  be  construed  in  the  manner  here- 
inafter mentioned,  unless  a  contrary  intention  appears: 

(1)  "The  Special  Act,"  shall  be  construed  to  mean  any  ^The  special 
Act  authorizing  the  construction  of  or  otherwise  speci- 
ally  relating   to   a   railway   or  street  railway,  whether 
operated   by    steam,   electricity   or   other   motive  power, 

and  with  which  this  Act  is  incorporated;  and  in  all 
cases  where  this  Act  is  made  applicable  to  street  railways 
or  street  railway  companies  the  words  "the  special  Act" 
shall  include  a  charter  of  incorporation  of  a  street  railway 
company  under  the  Great  Seal  of  the  Province  of  Ontario ; 
or  supplementary  letters  patent  relating  to  such  a  company. 

(2)  "Prescribed,"  used  in  this  Act  in  reference  to  any prescribed ." 
matter  herein  stated,  shall  be  construed  to>  refer  to  such 

matter  as  the  same  is  prescribed  or  provided  for  in  the 
special  Act;  and  the  sentence  in  which  such  word  occurs 
shall  be  construed  as  if,  instead  of  the  word  "prescribed," 
the  expression  "prescribed  for  that  purpose  in  the  special 
Act"  had  been  used; 

(3) 


202 


Chap.  30. 


RAILWAYS . 


6  Edw.  VII. 


1  The  Lands. 


•'The  Under- 
taking." 


"  Board." 

"  By-law." 

"  Costs." 
"  Lands." 

"  Lease." 
"Toll." 


"  County. 


'■  County  Com 
Judge." 


"  Highway.' 

"  Street." 
"Sheriff  " 


•'  Clerk  of  the 
Peace." 


'  Goods.' 


'  Justice.' 


(3)  "The  Lands"  shall  mean  the  lands  which  by  the 
special  Act  are  authorized  to  be  taken  or  used  for  the  pur- 
poses thereof; 

(4)  "The  Undertaking"   shall  mean  the  railway  and 

works  of  whatever  description,  by  the  special  Act  author- 
ized to  be  executed. 

(5)  "Board"  shall  mean  "The  Ontario  Railway  and 
Municipal  Board." 

(6)  "By-law,"  when  referring  to  the  act  of  the  com- 
pany shall  include  a  resolution ; 

(7)  "Costs"  shall  include  fees,  counsel  fees,  and  expenses; 

(8)  "Land"  or  "lands"  shall  include  all  real  estate,  mes- 
suages, lands,  tenements  and  hereditaments  of  any  tenure; 

(9)  "Lease"  shall  include  any  agreement  for  a  lease; 

(10)  "Toll"  shall  include  any  rate  or  charge  or  other 
payment  payable  under  this  Act  or  the  special  Act  for  any 
passenger,  animal,  carriage,  goods,  merchandise,  articles, 
matters  or  things  conveyed  on  the  railway ; 

(11)  "County"  shall  include  any  union  of  counties,  and 

any  provisional  judicial  district; 

1     (12)  "County  Court  Judge"  shall  include  a  Judge  of  &• 
District  Court ; 

(13)  "Highways"  shall  mean  any  public  road,  street, 
lane,  and  other  public  way  or  communication; 

(14)  "Street"  shall  include  any  highway. 

(15)  "Sheriff"  shall  include  the  Deputy  Sheriff;  and 
where  any  matter  in  relation  to  any  lands  is  required  to  be 
done  by  any  Sheriff  or  Clerk  of  the  Peace,  the  expression 
"the  Sheriff,"  or  the  expression  "Clerk  of  the  Peace"  shall, 
in  such  case,  be  construed  to  mean  the  Sheriff  or  Clerk  of 
the  peace  of  the  district,  county,  city,  or  place  where  such 
lands  are  situate;  and  if  the  lands  in  question,  being  the 
property  of  one  and  the  same  person,  are  situate  not  wholly 
in  one  district,  county,  city,  or  place,  the  same  expression 
shall  be  construed  to  mean  the  Sheriff  or  Clerk  of  the  Peace 
of  any  such  district,  county,  city,  or  place  where  any  part 
of  such  lands  is  situate; 

(16)  "Goods"  shall  include  personal  property  of  eve^ 
description  that  may  be  conveyed  upon  the  railway,  or 
upon  steam  vessels,  or  other  vessels  connected  with  the  rail- 
way ; 

(17)  A  "Justice"  shall  mean  Justice  of  the  Peace  or  Sti- 
pendiary or  Police  Magistrate  acting  for  the  district,  coun- 
ty, 


1906. 


1(  AIL  WAYS. 


Chap.  30. 


203 


ty,  city,  or  place  where  the  matter  requiring  the  cognizance 
of  a  Justice  arises,  and  who  is  not  interested  in  the  matter; 
and  where  the  matter  arises  in  respect  of  lands  being  the 
property  of  the  same  person,  situate  not  wholly  in  any  one 
district,  county,  city  or  place,  the  word  "Justice"  shall 
mean  a  Justice  or  Stipendiary  or  Police  Magistrate  acting 
for  the  district,  county,  city  or  place  where  any  part  of  such 
lands  is  situate,  and  who  is  not  interested  in  such  matter ; 

(18)  "Owner"  (where,  under  the  provisions  of  this  Act  "Owner." 
or  the  special  Act,  any  notice  is  required  to  be  given  to  the 
owner  of  any  lands,  or  where  any  act  is  authorized  or  re-  k 
quired  to  be  done  with  the  consent  of  any  such  owner) 

shall  be  understood  to  mean  any  corporation  or  person  who, 
under  the  provisions  of  this  Act  or  the  special  Act,  or  any 
Act  incorporated  therewith,  would  be  enabled  to  sell  and 
convey  lands  to  the  company; 

(19)  "The  company"  shall  mean  the   company  or   per- "  The-Com- 
son  authorized  by  the  special  Act  to  construct  the  rail-  p 

way  or  street  railway  (if  the  section  of  the  Act  in  which 
the  words  occur  is  applicable  by  its  terms  to  street  rail- 
ways), and  shall  include  all  persons  or  corporations  leas- 
ing or  operating  any  railway. 

(20)  "The  railway"  shall   mean  the   railway  and  works  ..Tne  Kail. 
by  the  special  Act  authorized  to  be  constructed;  vvay-' 

(21)  "Street  railway"  shall  mean  a  railway  constructed  "  street  Bail- 
or operated  along  a  highway  under  or  by  virtue  of  an way' 
agreement  with  or  by  law  of  a  city  or  town,   and  shall 
include  all  portions  of  such  railway  within  such  city  or 

town  and  for  one  and  a  half  miles  beyond  the  limits  there- 
of. Although  such  one  and  a  half  miles  may  be  constructed 
under  a  b\-law  of,  or  agreement  with  a  municipality,  other 
than  such  city  or  town. 

(22)  "Shareholder"  shall  mean  every  subscriber   to  orjj.^aJ* 
holder  of  stock  in  the  undertaking,  and  shall  extend  to 

and  include  the  personal  representatives    of   the  share- 
holder. 

(23)  "Inspecting  engineer"  shall  mean  an  engineer  who  is  "inspecting 
directed  by  the  Board  to  examine  any  railway  or  works,  englIleer- 
and  shall  include  two  or  more  engineers  when  two  or  more 

are  so  directed ; 

(24)  "Working  expenses"  shall  mean  and  include  all  ex- "Working 
penses  of  maintenance  of  the  railway,  and  all  such  tolls,  expenses- 
rents  or  annual  sums  as  are  paid  in  respect  of  property 
leased  to  or  held  by  the  company,  apart  from  the  rent 

of  any  leased  line,  or  in   respect  of  the  hire  of  rolling 
stock,  let  to  the  company;  also  all  rent  charges  or  inter- 
est 


204 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII. 


est  on  the  purchase  money  of  lands  belonging  to  the  com- 
pany purchased  but  not  paid  for  or  not  fully  paid  for;  and 
also  expenses  of  or  incidental  to  working  the  railway,  and 
the  traffic  thereon,  including  all  necessary  repairs  and 
supplies  to  rolling  stock  while  on  the  lines  of  another 
company;  also  rates,  taxes,  and  insurance;  also,  all  salaries 
and  wages  of  persons  employed  in  and  about  the  working  of 
the  railway  and  traffic;  and  all  office  and  management  ex- 
penses, including  directors'  fees,  agency,  legal  and  other  like 
expenses ;  also  all  costs  and  expenses  of  and  incidental  to  the 
compliance  by  the  company  with  any  order  of  the  Board 
under  this  Act;  and  generally  all  such  charges,  if  any,  not 
above  otherwise  specified,  as  in  all  cases  of  English  railway 
companies  are  usually  carried  to  the  debit  of  revenue  as 
distinguished  from  capital  account; 

Traffic.  (25)  "Traffic"  shall  include  passengers,  goods  and  rolling 

stock. 

"Train."  (26)  "Train"  shall  include  any  engine,  motor  car  or  other 

rolling  stock; 

stock1"161  "Rolling  stock"  shall  mean  and  include  any  locomo- 

tive, engine,  motor,  car,  tender,  snow  plough,  Sanger,  and 
every  description  of  car  or  of  railway  equipment  designed 
for  movement,  on  its  wheels,  over  or  upon  the  rails  or 
tracks  of  the  company; 

"secretary."       (28)  "Secretary"  shall  mean  the  Secretary  of  the  Board. 

APPLICATION  OF  ACT. 


Application 
of  Act. 


3. — (1)  This  Act  shall,  unless  otherwise  expressed,  apply 
to  all  persons,  companies,  railways  (other  than  Government 
railways)  and  (when  so  expressed)  to  street  railways 
within  the  legislative  authority  of  the  Legislature  of  On- 
tario, and  whether  such  railways  are  operated  by  steam, 
electricity  or  other  motive  power,  and  whether  constructed 
and  operated  on  highways  or  on  lands  owned  by  the  com- 
pany or  partly  on  highways  and  partly  on  such  lands,  and 
shall  be  incorporated  and  construed,  as  one  Act,  with  the 
special  Act,  subject  as  herein  provided. 


Application  to      (2)  No  section  of  this  Act  shall  apply  to  street  railways 

street  railways.       \  '  ,  1  •  i  i 

unless  it  is  so  expressed  and  provided. 


Any  section 
may  be  ex- 
cepted by 
Special  Act. 


4.  Any  section  of  this  Act  may,  by  any  special  Act 
passed  by  the  Legislature,  be  excepted  from  incorporation 
therewith,  or  may  thereby  be  extended,  limited  or  quali- 
fied. It  shall  be  sufficient,  for  the  purposes  of  this  sec- 
tion, to  refer  to  any  section  of  this  Act  by  its  number 
merely. 


1906. 


RAILWAYS. 


Uhap.  30. 


205 


5.  If  in  any  special  Act  heretofore  passed  by  the  Legisla-  or  may  be 
ture  it  is  enacted  that  any  provision  of  The  Railway  Aol  ofu 

mi  ted  or 

Ontario   or   of   The   Electric   Railway   Act,   or  of  ThevxMaeA- 
Street  Railway  Act  in  force  at  the  time  of  the  passing  of 
such  special  Act,  is  excepted  from  incorporation  therewith,  as  to  exeep- 
or  if  the  application  of  any  such  provision  is,  by  such  PV°evtoustc 
special  Act,  extended,  limited  or  qualified,  the  correspond- this  Act- 
ing  provision  of  this  Act  shall  be  taken  (to  be  excepted,  conflict^. g 
extended,  limited  or  qualified,  in  like  manner;  and  unless  Act  and 
otherwise  expressly  provided  in  this  Act  or  the  special  sPeoml  Act- 
Act  this  Act  shall  apply  to  every  railway  company  in- 
corporated under  a  special  Act  or  any  public  Ac't  of  this 
Province,  and  the  sections  expressly  made  applicable  shall 
apply  to  every  street  railway   company   so  incorporated, 
but  where  the  provisions  of  the  special  Act  and  the  pro- 
visions of  this  Act  are  inconsistent  the  special  Act  shall 
be  taken  to  over-ride  the  provisions  of  this  Act  so  far  as 
is  necessary  to  give  effect  to  such  special  Act. 


ORGANIZATION  OF   THE  COMPANY. 


Offices. 

6.    The   head    office  of   the  company  shall   be  in  the Head  office- 
place  designated  in  the  Special  Act,  but  the  company 
may,  by  by-law,  from  time  to  time,  change  the  location  change  of 
of  its  head  office  to  any  place  in  Ontario,  notice  thereof locatlon- 
to  be  given  to  the  Secretary  of  the  Board  who  shall  keep 
a  register  for  the  purpose. 


Provisional  Directors. 


7. — (1)  The  persons  mentioned  by  name  as  such  in  the  doctors al 
Special  Act  are  hereby  constituted  provisional  directors 
of  the  company,  and  of  such  provisional  directors  a  major- ^°„my 
ity  shall  be  a  quorum,  and  the  said  provisional  directors, 
shall  hold  office  as  such  until  the  first  election  of  directors, 
and  may  forthwith  open  stock  books  and  procure  subscrip-  powers, 
tions  of  stock  for  the  undertaking,  and  receive  payments 
on  account   of   stock    subscribed    and    make   calls  upon 
subscribers  in  respect   of  their   stock,  and   sue  for  and  Deposit  of 
recover   the   same,  and   receive    for  the   company    any moneys- 
grant,  loan,  bonus  or  gift  made  to  it  or  in  aid  of  the  un- 
dertaking and    enter  into  any  agreement   authorized  by 
this   Act   or  by   the    Special   Act   with   the    person  or 
corporation  making  such  grant,  loan,  bonus  or  gift  res- 
pecting the  condition  or  disposition   thereof    and  cause 
plans  and  surveys  to  be  made,  and  deposit  in  any  charter- 
ed bank  of  Canada  having  an  office  in  Ontario  moneys  re- 
ceived by  them  on  account  of  stock  subscribed,  which 

moneys 


206 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII. 


Changes  in 
board  of 
provisional 
directors. 


moneys  shall  not  be  withdrawn,  except  for  the  purposes 
of  the  undertaking,  or  upon  the  dissolution  of  the  com- 
pany for  any  cause  whatsoever. 

(2)  The  said  provisional  directors  shall  have  power  to 
add  to  their  number,  or  to  substitute  for  any  member  of 
the  said  Board  of  provisional  directors  (whether  named 
in  the  Special  Act,  or  by  the  said  provisional  directors) 
who  may  desire  to  resign  or  withdraw  from  his  position 
as  a  provisional  director  of  the  said  company,  any  other 
person  as  a  provisional  director  thereof;  and  all  such  per- 
sons as  shall,  from  time  to  time,  be  provisional  directors 
of  the  said  company,  pursuant  to  the  provisions  of  this 
Act,  shall  constitute  the  board  of  provisional  directors 
thereof. 


Allotment  of 
stock. 


(3)  If  more  than  the  whole  stock  has  been  subscribed, 
the  provisional  directors  shall  allocate  and  apportion  the 
authorized  stock  among  the  subscribers  as  they  deem  most 
advantageous  and  conducive  to  the  furtherance  of  the 
undertaking;  and  in  such  allocation  the  said  directors 
may  in  their  discretion  exclude  any  one  or  more  of  the 
said  subscribers,  if  in  their  judgment  such  exclusion  will 
best  secure  the  building  of  the  said  railway ;  and  all  meet- 
ings of  the  provisional  board  of  directors  shall  be  held  at 
the  head  office  of  the  company  or  at  such  other  place  in 
the  Province  of  Ontario  as  may  in  the  opinion  of  the  pro- 
visional directors  best  suit  the  interests  of  the  company . 


when  subscnp-     (4)  No  subscription  for  stock  in  the  capital  stock  of  the 

tion  for  stock  i    n    i        i  •     n  •  ±i  i 

to  be  binding,  company  shall  be  binding  on  the  company  unless  it 
shall  be  approved  by  resolution  of  the  provisional  directors 
or  of  the  directors,  nor  unless  ten  per  centum  of  the  amount 
subscribed  has  been  actually  paid  within  one  month  after 
subscription. 

Capital. 

capital  stodc       8. — (1)  The  capital  stock  of  the  company,  the  amount  of 
an  s  ares.     which  shall  be  stated  in  the  Special  Act,  shall  be  divided 
into  shares  of  one  hundred  dollars  each;  and  the  money 
so  raised  shall  be  applied  in  the  first  place,  to  the  payment 
of  all  fees,  expenses  and  disbursements  for  procuring  the 
passing  of  the  Special  Act,  and  for  making  the  surveys, 
plans  and  estimates  of  the  works  authorized  by  the  Special 
Application  of  Act ;  and  all  the  remainder  of  such  money  shall  be  applied 
proceeds.        to  the  making,  equipping,  completing  and  maintaining  of 
the  railway,  and  other  purposes  of  the  undertaking. 


nwetingflfor  ^  ^°  800n  as  twenty-five  per  centum  of  the  capital  stock 
election  of      is  subscribed  and  ten  per  centum  paid  thereon  into  some 

directors. 

chartered 


1906. 


RAILWAYS. 


Chap.  30. 


207 


chartered  bank  of  the  Dominion  having  an  office  in  the  Pro- 
vince of  Ontario,  to  the  credit  of  the  company,  and  which 
shall  on  no  account  be  withdrawn  therefrom  unless  for  the 
lawful  purposes  of  the  company,  the  said  provisional  direct- 
ors or  a  majority  of  them  shall  call  a  general  meeting  of  the 
shareholders  for  the  purpose  of  electing  directors  of  the  com- 
pany, giving  at  least  four  weeks'  notice  of  such  meeting  by 
advertisement  in  the  Ontario  Gazette,  and  in  at  least  one 
newspaper  published  in  the  place  where  the  head  office  is 
situate,  of  the  time,  place  and  purpose  of  the  said  meeting. 


(3)  If  the  provisional  directors  neglect  to  call  such  W1]en  sut>- 

•  oi  i<>  r>  scnber^  ma 

meeting  for  three  months  after  twenty-five  per  centum  call  first 
of  the  capital  stock  shall  have  been  subscribed  and  ten  perfng.eraIme 
centum  thereof  paid  up  the  same  may  be  called  by  any 
five  of  the  subscribers  who  have  so  paid  up  ten  per  centum 
and  who  collectively  have  subscribed  for  not  less  than 
twenty-five  shares  of  the  capital  stock  in  the  company  and 
who  have  paid  up  all  calls  thereon. 


(4)  At  such  general  meeting  the  shareholders  present  ^i"^tors°a.nd 
either  in  person  or  by  proxy,  who  shall  at  the  opening  of  term  of  office, 
such  meeting  have  paid  up  ten  per  centum  on  the  stock etc' 
subscribed  by  them,  shall  elect  directors  of  the  company  in 
manner  and  qualified  as  hereinafter  mentioned,  who  shall 
constitute  a  board  of  directors  and  shall  hold  office  until 
iie  next  general  annual  meeting,  and  a  majority  of  the 
directors  shall  form  a  quorum  of  the  board,  and  may  pass 
such  rules,  regulations  and  by-laws  as  may  be  deemed 
expedient  and  are  not  inconsistent  with  this  Act ;  and  the 
said  board  may  employ  and  pay  one  of  their  number  as 
managing  director. 


9.  The  original  capital  stock  of  the  company  may,  w^n  capifafstoc 
the  approval  of  the  Board,  be  increased,  from  time  to  time, 
to  any  amount,  if  such  increase  is  sanctioned  by  a  vote, 
in  person  or  by  proxy,  of  the  shareholders  who  hold  at        of  ^ 
least  two-thirds  in  amount  of  the  subscribed  stock  of  the  object, 
company,  at  a  meeting  expressly  called  by  the  directors 
for  that  purpose  by  a  notice  in  writing  to  each  shareholder, 
delivered  to  him  personally,  or  properly  directed  to  him 
^nd  deposited  in  the  post  office  at  least  twenty  days  pre- 
viously to  such  meeting,  stating  the  time,  place  and  ob-Entryin 
ject  of  such  meeting,  and  the  amount  of  the  proposed  minutes, 
increase ;  and  the  proceedings  of  such  meeting  shall  be 
entered  in  the  minutes  of  the  proceedings  of  the  company, 
and  thereupon  the  capital  stock  may,  with  such  approval, 
be  increased  to  the  amount  sanctioned  by  such  vote. 


Gevrral 


t 


208. 


Annual 
meetings. 


Special 
meetings. 


Chap.  30. 


RAILWAYS. 

General  Meetings. 


6  Edw.  VII. 


10. — (1)  A  general  meeting  of  the  shareholders  for  the 
election  of  directors  and  for  the  transaction  of  other 
business  connected  with  or  incident  to  the  undertaking, 
to  be  called  "the  annual  meeting,"  shall  be  held  annually 

on  the  day  mentioned  in  the  special  Act,  ur  on  such  day 
as  may  be  fixed  for  that  purpose  by  the  by-laws  of  the  com- 
pany and  other  general  meetings,  to  be  called  "special 
meetings,"  may  be  called  at  any  time  by  the  directors,  or  by 
shareholders  representing  at  least  one-fourth  in  value  of  the 
subscribed  stock,  if  the  directors,  having  been  requested  by 
such  shareholders  to  convene  such  special  meeting,  for  twen- 
ty-one days  thereafter  fail  to  call  such  meeting. 


(2)  The  annual  meetings  shall  be  held  at  the  head  office 
of  the  company. 


Special  general 
meetings. 


(3)  Special  general  meetings  of  the  shareholders  of  the 
company  may  be  held  at  such  places  in  the  Province  of 
Ontario  and  at  such  times  and  in  such  manner  and  for  such 
purposes  as  may  be  provided  by  the  by-laws  of  the  company, 
upon  such  notice  as  is  provided  in  section  11  of  this  Act. 


Notice  of 
meetings. 


Evidence. 


11.  Two  weeks'  public  notice  of  any  meeting  of  the  share- 
holders shall  be  given  by  advertisement,  in  at  least  one 
newspaper  published  in  the  place  where  the  head  office  is 
situate — in  which  notice  shall  be  specified  the  place  and  the 
day  and  the  hour  of  meeting ;  all  such  notices  shall  be  pub- 
lished weekly,  and  a  copy  of  the  newspaper  containing  such 
notice  shall,  on  production  thereof,  be  evidence  of  the  suf- 
ficiency of  such  notice. 


What  business 
may  be 
transacted. 


Votes  on 
shares. 


Shareholders 
may  vote  by 
proxy. 


12. — (1)  Any  business  connected  with  or  incident  to  the 
undertaking  may  be  transacted  at  an  annual  meeting,  ex- 
cepting such  business  as  by  this  Act  is  required  to  be 
transacted  at  a  special  meeting;  but  no  special  meeting 
shall  enter  upon  any  business  not  set  forth  in  the  notice 
upon  which  it  is  convened. 

(2)  The  number  of  votes  to  which  each  shareholder  shall 
be  entitled  on  every  occasion  when  the  votes  of  the  share- 
holders are  to  be  given,  shall  be  in  proportion  to  the 
number  of  shares  held  by  him,  and  on  which  all  calls  due 
have  been  paid. 

(3)  Every  shareholder,  whether  resident  in  Canada  or 
elsewhere,  may  vote  by  proxy,  if  he  sees  fit,  and  if  such 
proxy  produces  from  his  constituent  an  appointment  in 
writing,  in  the  words  or  to  the  effect  following,  that  is  to 
say: 

I. 


1906. 


RAILWAYS. 


Chap.  30.  209 


1.  .  of  .one  of  the  shareholders  Form  of 

or  the  ,  do  hereby  appoint  proxy, 

of  ,  to  be  my  proxy,  and  in  my  absence  to  vote 

or  give  my  assent  to  any  business,  matter  or  thing  relating  to  the 
undertaking  of  the  said  that  is  mentioned  or  proposed 

at  any  meeting  of  the  shareholders  of  the  said  company,  in  such 
manner  as  he  the  said  thinks  proper. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  the 
day  of  in  the  year 

(4)  Any  vote  by  proxy  shall  be  as  valid  as  if  the  constit-  Majority  to 
uent  had  voted  in  person,  but  no  person  shall  be  qualified  * 
to  be  appointed  a  proxy  who  is  not  himself  a  shareholder 
in  the  company  and  every  matter  or  thing  proposed  or 
considered  at  any  meeting  of  the  shareholders  shall  be 
determined  by  the  majority  of  vetes  and  proxies  then 
present  and  given,  and  all  decisions  and  acts  of  any  such 
majority  shall  bind  the  company,  and  be  deemed  the  de- 
cisions and  acts  of  the  company. 

13.  — (1)  Copies  of  the  minutes  of  proceedings  and  resolu- Certified 
tions  of  the  shareholders  of  the  company,  at  any  annual  or  mmutes!  etc. 
special  meeting,  and  of  the  minutes  of  proceedings  and 
resolutions  of  the  directors,  at  their  meetings,  extracted 

from  the  minute  book,  kept  by  the  secretary  of  the  com-  Evidence, 
pany,  and  by  him  certified  to  be  true  copies  extracted  from 
such  minute  books,  and  when  sealed  with  the  company's 
seal  shall,  without  proof  of  the  signature  of  such  secre- 
tary, be  evidence  of  such  proceedings  and  resolutions  in 
any  court. 

(2)  All  notices  given  by  the  secretary  of  the  company  by  Notices  by 
order  of  the  directors  shall  be  deemed  notices  by  the  direct- ■<^tary 
ors  of  the  company. 

President  and  Directors. 

14.  — (1)  A  board  of  directors  of  the  company  to  manage  Election  of 
its  affairs,  the  number  of  whom  shall  be  stated  in  the  directors, 
special  Act,  and  a  majority  of  whom  shall  form  a  quorum, 

shall  be  chosen  at  the  annual  meeting;  and  if  such  elec- 
tion is  not  held  on  the  day  appointed  therefor,  the  direc- 
tors shall  cause  such  election  to  be  held  at  a  special  meet- 
ing duly  called  for  that  purpose  within  as  short  a  time  as 
possible  after  the  day  so  appointed. 

(2)  On  the  day  so  notified,  no  person  shall  be  admitted  who  entitled 
to  vote  except  those  who  would  have  been  entitled  to  votetovote 
had  the  election  been  held  on  the  day  when  it  ought  to 

have  been  held. 

(3)  Vacancies  in  the  board  of  directors  shall  be  filled  i n  Vacancies,  how 
the  manner  prescribed  by  the  by-laws.  to  be  filled  up. 

14  s.  (4) 


210 


Chap.  30. 


RAILWAYS . 


6  Edw.  VII. 


who  qualified  (4)  No  person  shall  be  a  director  unless  he  is  a  share- 
director,        holder,   owning  at  least   ten  shares   of  stock  absolutely 

in  his  own  right,  and  qualified  to  vote  for  directors  at  the 

election  at  which  he  is  chosen. 

Term  of  office     (5)  The  directors  appointed  at  the  last  election  or  those 
of  directors.     appointed  in  their  stead,  in  case  of  vacancy,  shall  remain 
in  office  until  the  next  ensuing  election  of  directors. 

howasuppi'ied  ^n  case  °^  ^e  death,  absence  or  resignation  of  any 

of  the  directors,  others  may  be  appointed  in  their  stead 
by  the  remaining  directors;  but  if  such  appointment  is 
not  made  such  death,  absence  or  resignation  shall  not  in- 
validate the  acts  of  the  remaining  directors. 

President.  (7)  The  directors  shall,  at  their  first  or  at  some  other 

meeting  after  the  election  elect  one  of  their  number  to  be 
the  president  of  the  company,  who  shall,  always,  when 
present,  be  the  chairman  of  and  preside  at  all  meetings  of 

Vice-President,  the  directors,  and  shall  hold  his  office  until  he  ceases  to 
.  be  a  director,  or  until  another  president  has  been  elected 
in  his  stead;  and  they  may  in  like  manner  elect  a  vice- 
president,  who  shall  act  as  chairman  in  the  absence  of  the 
president. 

Quorum.  (8)  The  directors  at  any  meeting  at  which  not  less  than 

a  quorum  are  present,  shall  be  competent  to  use  and  exer- 
cise all  and  any  of  the  powers  vested  in  the  directors. 

Acta  of  majori-      (9)  The  act  of  a  majority  of  a  quorum  of  the  directors 
whoie.md  the  present  at  any  meeting  regularly  held,  shall  be  deemed 
the  act  of  the  directors. 

casting  vote.  (10)  No  director  shall  have  more  than  one  vote  at  any 
meeting,  except  the  chairman,  who  shall,  in  case  of  a 
division,  of  equal  numbers,  have  the  casting  vote. 

Directomo  be     15,  The  directors  shall  be  subject  to  the  control  of  the 
•harehoiders    shareholders  at  their  annual  meetings,  and  to  all  by-laws 
»nd  by-laws.    Q£        company,  and  to  the  orders  and  directions  from  time 
to  time  made  at  the  annual  or  at  any  special  meetings,  such 
orders  and  directions  not  being  contrary  to  any  express 
directions  or  provisions  of  this  Act  or  the  special  Act. 

contractors        16.  No  person  concerned  or  interested  in  any  contract 

with  company         -i  • ,  i     ,  i  i    •  .  « 

not  to  be  under  or  with,  the  company,  or  being  a  surety  for  any 
directors.  contractor  shall  be  capable  of  being  chosen  a  director, 
or  of  holding  or  continuing  in  the  office  of  director  or 
provisional  director,  nor  shall  any  person  being  a  director 
or  provisional  director  or  promoter  of  the  company  enter 
into  or  be  directly  or  indirectly  interested  or  concerned 
in  or  participate  in  the  profit  of  any  contract  with  the 
company,  not  relating  to  the  purchase  of  land  necessary 
for  the  railway,  or  be  or  become  a  partner  of  any  contrac- 

14a  s.  tor 


1906. 


RAILWAYS . 


Chap.  30. 


211 


tor  with  the  company;  and  in  the  event  of  any  such  cou- 
tract  being  made  by  or  on  behalf  of  any  director  or  pro- 
visional director  or  promoter  an  action  shall  lie  in  any 
court  of  competent  jurisdiction  against  such  director  or 
provisional  director  or  promoter  at  the  suit  of  any  share- 
holder of  the  company  or  of  any  municipality  through 
which  any  part  of  the  railway  passes,  for  the  benefit  of  the 
funds  of  the  company,  for  the  whole  amount  of  profit 
accruing  to  such  director,  provisional  director  or  promoter 
from  the  contract  so  made  or  fulfilled.  . 

17.  The  directors  may  make  by-laws  for  the  manage-  By-laws  for 
ment  and  disposition  of  the  stock,  property,  business  and  of  company, 
affairs  of  the  company,  not  inconsistent  with  the  laws  of 

this  Province,  and  for  the  appointment  of  all  officers, 
servants  and  artificers,  and  for  prescribing  their  respective 
duties  and  salaries. 

18.  The  directors  may  from  time  to  time  appoint  such  May  appoint 
officers  as  they  deem  requisite,  and  shall  take  sufficient officers- 
security,  by  one  or  more  penal  bonds,  or  otherwise,  from 

the  manager  and  officers  for  the  time  being,  for  the  safe 
keeping  and  accounting  by  them  respectively  of  the  mon- 
eys raised  by  virtue  of  this  Act  and  the  special  Act,  and 
for  the  faithful  execution  of  their  offices,  as  the  directors 
think  proper. 

19.  The  directors  may  by  by-law  or  resolution  provide  for  Retirement  of 
the  retirement  of  such  of  the  company's  officers  and  serv- offlcers' etc- 
ants,  on  such  terms  as  to  an  annual  allowance  or  otherwise, 

as  in  each  case  the  directors,  in  the  interest  of  the  com- 
pany's service  and  under  the  circumstances,  consider  just 
and  reasonable. 

20.  The  directors  may  be  paid  such  reasonable  remunera-  Remuneration! 
tion  for  their  services  as  may  be  sanctioned  by  the  share- 01  directors- 
holders  by  resolution  passed  at  the  annual  general  meeting 

to  be  held  for  the  purpose  of  electing  the  successors  of  such 
directors. 

21.  In  case  of  the  absence  or  illness  of  the  president,  Acting 
the  vice-president,  and  in  case  of  the  absence  or  illness  of  presl  en ' 
the  president  and  vice-president  a  director  appointed  for 

that  purpose  shall  have  all  the  rights  and  powers  of 
the  president,  and  may  sign  all  debentures,  and  other 
instruments,  and  perform  all  acts  which  by  the  regulations 
and  by-laws  of  the  company  or  by  this  Act  are  required 
to  be  signed,  performed  and  done  by  the  president. 

22.  The  directors  may  at  any  meeting  require  the  sec- p\esident°may 
retary  to  enter  such  absence  or  illness  among  the  proceed-  ^J^**  Jn 
ings  of  such  meeting,  and  a  certificate  thereof  signed  by  and  certified, 
the  secretary  shall  be  delivered  to  any  person  or  persona etc* 

requiring 


212  Chap.  30.  railways.  6  Edw.  VII. 


requiring  the  same  on  payment  to  the  treasurer  of  fl, 
and  such  certificate  shall  be  taken  and  considered  as  prima 
facie  evidence  of  such  absence,  or  illness  at  and  during 
the  period  in  the  said  certificate  mentioned  in  all  pro- 
ceedings in  courts  of^  justice  or  otherwise. 

caule'annuai  ^3.  The  directors  shall  cause  to  be  kept,  and  annually 
accounts  to  be  0n  the  31st  day  of  December,  shall  cause  to  be  made  up 
and  balanced,  a  true,  exact  and  particular  account  of  all 
moneys  collected  and  received  by  the  company,  or  by  the 
directors  or  manager  thereof,  or  otherwise,  for  the  use 
of  the  company,  and  of  the  charges  and  expenses  attend- 
ing: the  erecting,  making,  supporting,  maintaining  and 
carrying  on  of  the  undertaking,  and  of  all  other  receipts 
and  expenditures  of  the  company. 


Calls. 


Calls-  24. — (1)  The  directors    may  from   time    to  time  make 

such  calls  of  money  not  exceeding  ten  per  centum  of 
the  amount  subscribed  upon  the  respective  shareholders,  in 
respect  of  the  amount  of  capital  respectively  subscribed 
or  owing  by  them,  as  they  deem  necessary,  and  thirty 
days'  notice  at  the  least  shall  be  given  of  each  call,  and 
no  call  shall  exceed  the  prescribed  amount  determined 
in  the  special  Act,  or  be  made  at  a  less  interval  than  two 
months  from  the  previous  call,  nor  shall  a  greater  amount 
be  called  in,  in  any  one  year  than  the  amount  prescribed 
in  the  special  Act,  but  nothing  herein  contained  shall 
prevent  the  directors  from  making  more  than  one  call  by 
one  resolution  of  the  board  :  Provided,  that  the  intervals 
between  such  calls,  the  notices  of  each  call,  and  the  other 
provisions  of  this  Act  and  of  the  special  Act,  in  respect 
of  calls,  are  duly  observed  and  given. 

meetings  how  (^)  All  notices  of  calls  upon  the  shareholders  of  the 
published.       company  shall  be  published  weekly  in  the  Ontario  Gazette 

(3)  Every  shareholder  shall  be  liable  to  pay  the  amount 
of  the  call  so  made  in  respect  of  the  shares  held  by  him 
to  the  persons  and  at  the  times  and  places  from  time  to 
time  appointed  by  the  company  or  the  directors. 

(4)  If,  before  or  on  the  day  appointed  for  payment  any 
shareholder  does  not  pay  the  amount  of  the  call,  he  shall 
be  liable  to  pay  interest  for  the  same,  at  the  legal  rate 
for  the  time  being,  from  the  day  appointed  for  the  pay- 
ment thereof  to  the  time  of  the  actual  payment. 

Amount  of  call  (5)  If  at  the  time  appointed  for  the  payment  of  a  call, 
recovered  by  a  shareholder  fails  to  pay  the  amount  of  the  call,  he  may 
suit-  be  sued  for  the  same  in  any  court  of  competent  jurisdic- 

tion, and  the  same  may  be  recovered,  with  lawful  interest 
from  the  day  on  which  the  call  became  payable. 


Payment  of 
calls,  how  to 
be  made. 


Interest  to  be 
chargeable  on 
unpaid  calls. 


1906. 


KAIL  WAYS . 


Chap.  30.  213 


(6)  In  an  action  to  recover  money  due  upon  a  call,  it  whatformaii- 
shall  not  be  necessary  to  set  forth  the  special  matter,  but  m^ttonlf'ror 
it  shall  be  sufficient  to  state  that  the  defendant  is  the calls 
holder  of  one  share  or  more,  stating  the  number  of  shares, 
and  is  indebted  in  the  sum  of  money  to  which  the  calls 
in  arrear  amount,  in  respect  of  one  call  or  more,  upon 
one  share  or  more,  stating  the  number  and  amount  of  each 
of  such  calls,  whereby  an  action  has  accrued  to  the  com- 
pany by  virtue  of  the  special  Act.  v 

Shares  and  their  Transfer. 


25.  — (1)  Shares  in  the  company  may,  by  the  holders  shares  may  t>< 
thereof,  be  sold  and  transferred  by  instrument  in  writing,  transferred, 
made  in  duplicate — one  part  of  which  shall  be  delivered  to 

the  directors,  to  be  filed  and  kept  for  the.  use  of  the  com- 
pany, and  an  entry  whereof  shall  be  made  in  a  book  to  be 
kept  for  that  purpose,  and  no  interest  or  dividend  on  the 
shares  transferred  shall  be  paid  to  the  purchaser  until  such 
duplicate  is  so  delivered,  filed  and  entered. 

(2)  Transfers  may  be  in  the  form  following,  varying  the  Form  of 
same,  as  the  case  may  require: —  transfer. 

I,  A.  B.,  in  consideration  of  the  sum  of  paid 
to  me  by  C.  D.,  hereby  do  sell  and  transfer  to  him 
share  (or  shares)  of  stock  of  the  ,  to  hold  to 

him  the  said  C.  Z).,  his  executors,  administrators  and  assigns,  sub- 
ject to  the  same  rules  and  orders,  and  on  the  same  conditions  that 
I  held  the  same  immediately  before  the  execution  hereof.  And  I  the 
said  C.  D.  do  hereby  agree  to  accept  the  said  share  (or 

shares)  subject  to  the  same  rules,  orders  and  conditions. 

Witness  our  hands  this  day  of 

in  the  year  19  . 

26.  The  stock  of  the  company  shall  be  personal  estate,  but  shares  to  be 
no  shares  shal  be  transferable  until  all  previous  calls  thereon  -SS'' 
have  been  fully  paid  in,  or  the  said  shares  have  been  declared 
forfeited  for  the  non-payment  of  calls  thereon,  and  no  trans- 
fer of  less  than  a  whole  share  shall  be  valid. 

27.  If  any  share  in  the  company  is  transmitted  by  the  Transmission 
death,  bankruptcy,  or  last  will,  donation  or  testament,  or  thanbv  trans6 
by  the  intestacy,  of  any  shareholder,  or  by  any  lawful  ^;provi<ied 
means  other  than  the  transfer  hereinbefore  mentioned,  the 

person  to  whom  such  share  is  so  transmitted  shall  deposit 
in  the  office  of  the  company  a  statement  in  writing,  signed 
bv  him,  declaring  the  manner  of  such  transmission,  to- 
gether with  a  duly  certified  copy  or  probate  of  such  will, 
donation  or  testament,  or  sufficient  extracts  therefrom, 
and  such  other  documents  or  proof  as  may  be  necessary; 
without  which  such  person  shall  not  be  entitled  to  receive 
any  share  of  the  profits  of  the  company,  or  to  vote  in  re- 
spect of  any  such  share  as  the  holder  thereof 

28 


214         Chap.  30. 


RAILWAYS. 


6  Edw.  VII. 


trusts. 


Company  not  28.  The  company  shall  not  be  bound  to  see  to  the  ex- 
executionSof t0  ecution  of  any  trust,  whether  express,  implied  or  construc- 
tive, to  which  any  of  the  shares  may  be  subject;  and  the 
receipt  of  the  person  in  whose  name  any  share  stands 
in  the  books  of  the  company,  or  if  it  stands  in  the  name 
of  more  persons  than  one,  the  receipt  of  one  of  the  per- 
sons named  in  the  register  of  shareholders,  shall  from 
time  to  time  be  a  sufficient  discharge  to  the  company  for 
any  dividend  or  other  sum  of  money  payable  in  respect 
of  the  share,  notwithstanding  any  trust  to  which  the  share 
may  then  be  subject,  and  whether  or  not  the  company  have 
had  notice  of  the  trust ;  and  the  company  shall  not  be 
bound  to  see  to  the  application  of  the  money  paid  upon 
such  receipt. 


proprietorship"  29.— (1)  The  certificate  of  proprietorship  of  a  share  shall 
prima  facie      be  admitted  in  all  Courts  as  prima  facie  evidence  of  the 

title  of  any  person,  bis  executors,  administrators,  successors 

or  assigns,  to  the  share  therein  specified. 


Want  of 
certificate  not 
to  prevent 
disposing  of 
shares. 
Penalty  for 
refusal  to  pay 
calls. 


(2)  The  want  of  such  certificate  shall  not  prevent  the 
bolder  of  any  share  from  disposing  thereof. 

(3)  Shareholders  neglecting  or  refusing  to  pay  a  ratable 
share  of  the  calls  as  aforesaid,  for  the  space  of  two  months 
after  the  time  appointed  for  the  payment  thereof,  shall 
forfeit  their  respective  shares  in  the  undertaking  and  all 
the  profit  and  benefit  thereof ;  all  which  forfeitures  shall 
go  to  the  company  for  the  benefit  thereof. 

Forfeiture  of  (4)  No  advantage  shall  be  taken  of  the  forfeiture  un- 
token^dvtn-  less  the  same  is  declared  to  be  forfeited  at  a  general  meet- 
aa|ln°erainly  at  *n£  °^  tne  company,  assembled  at  any  time  after  such 
meeting.        forfeiture  occurred. 


Effect  of 
forfeiture  as 
to  liabilities. 


(5)  Every  such  forfeiture  shall  be  an  indemnification 
to  and  for  every  shareholder  so  forfeiting,  against  all 
actions  or  prosecutions  whatever,  commenced  or  prosecuted 
for  any  breach  of  contract  or  other  agreement  between 
such  shareholder  and  the  other  shareholders  with  regard 
to  carrying  on  the  undertaking. 


Sale  of  forfeited 
•hares. 


30.  The  directors  may  sell,  either  by  public  auction  or 
private  sale,  any  shares  so  declared  to  be  forfeited,  upon 
authority  therefor  having  been  first  given  by  the  share- 
holders either  at  the  general  meeting  at  which  such  shares 
were  declared  to  be  forfeited  or  at  anv  subsequent  general 
meeting. 


Limitation.  31.  The  company  shall  not  sell  or  transfer  more  of  the 
shares  of  any  such  defaulter  than  will  be  sufficient,  as 
nearly  as  can  be  ascertained  at  the  time  of  such  sale,  to 
pav  the  arrears  then  due  from  such  defaulter  on  account 

of 


1906.  railways.  Chap.  30.  215 


of  any  calls,  together  with  interest,  and  the  expenses  at- 
tending such  sale  and  declaration  of  forfeiture;  and  if  the 
money  produced  by  the  sale  of  any  such  forfeited  shares 
is  more  than  sufficient  to  pay  all  arrears  of  calls  and  in- 
terest thereon  due  at  the  time  of  such  sale,  and  the  ex- 
penses attending  the  declaration  of  forfeiture  and  sale 
thereof,  the  surplus  shall,  on  demand,  be  paid  to  the  de- 
faulter. ; 

v. 

32.  If  payment  of  such  arrears  of  calls  and  interest  and  Payment  of 

iio  i  j  i    i  arrearsibefore 

expenses  is  made  before  any  share  so  forfeited  and  vested  gaie. 
in  the  company  is  sold,  such  share  shall  revert  to  the  per- 
son to  whom  it  belonged  before  such  forfeiture,  in  such 
manner  as  if  such  calls  had  been  duly  paid. 

33.  A  certificate  of  the  treasurer  of  the  company  that  certificate  of 
the  forfeiture  of  the  shares  was  declared,  shall  be  suffi-  evidence  of 'b* 
cient  evidence  of  the  fact,  and  if  the  certificate  so  states,  of  forfelture^and 
their  purchase  by  the  purchaser ;  and  such  certificate,with  the  purohMer. 
receipt  of  the  treasurer  for  the  price  of  such  shares,  shall 
constitute  a  good  title  to  the  shares ;  and  the  certificate  shall 

be,  by  the  said  treasurer,  registered  in  the  name  and  with  the 
place  of  abode  and  occupation  of  the  purchaser,  and  shall 
be  entered  in  the  books  to  be  kept  by  the  company;  and 
such  purchaser  shall  thereupon  be  deemed  the  holder  of 
such  shares,  and  shall  not  be  bound  to  see  to  the  applica- 
tion of  the  purchase  money, — and  his  title  to  such  shares 
shall  not  be  affected  by  any  irregularity  in  the  proceedings 
in  reference  to  such  sale;  and  any  shareholder  may  pur- 
chase any  share  so  sold. 

34.  Any   shareholder  who   is   willing  to  advance   the  rntereat on 
amount  of  his  shares,  or  any  part  of  the  money  due  upon  *dvg^" reader 
his  shares,  beyond  the  sums  actually  called  for,  may  pay  to  company, 
the  same  to  the  company, — and  upon  the  principal  moneys 

so  paid  in  advance,  or  so  much  thereof  as,  from  time  to 
time,  exceeds  the  amount  of  the  calls  then  made  upon  the 
shares  in  respect  to  which  such  advance  is  made,  the  com- 
pany may  pav  such  interest,  at  the  lawful  rate  of  interest 
for  the  time  being,  as  the  shareholders,  who  pay  such  KT  .  . 

.  ii  r.  ^  .No  interest  to 

sum  m  advance,  and  the  company  agree  upon;  but  such  be  paid  out  of 
interest  shall  not  be  paid  out  of  the  capital  subscribed.  caPltal- 


Shareholders . 


35.   Each   shareholder   shall  be  individually   liable  ^°  fnd'vidu'ail™ 
the  creditors  of  the  company  to  an  amount  equal  to  the  nabie  tin  shares 
amount  unpaid  on  the  stock  held  by  him,  for  the  debts pai<3up 
and  liabilities  of  the  company,  and  until  the  whole  amount 
of  his  stock  has  been  paid  up  in  cash ;  but  shall  not  be 
liable  to  an  action  therefor  before  an  execution  against 
the  company  has  been  returned  unsatisfied  in  whole  or 

in 


216 


Chap.  30. 


RAILWAYS . 


6  Edw.  VII. 


in  part,  and  the  amount  due  on  such  execution  shall  be 
the  amount  recoverable  with  costs  against  such  share- 
holder. » 


Account  oi 
names  and 
residence  of 
shareholders 
to  be  kept. 


Rights  of 
aliens. 


36.  A  true  and  perfect  account  of  the  names  and  places 
of  abode  of  the  several  shareholders  shall  be  entered  in  a 
book  to  be  kept  for  that  purpose,  as  well  as  of  the  several 
persons  who  from  time  to  time  become  proprietors  of,  or 
entitled  to  any  shares  therein,  and  of  all  the  other  acts, 
proceedings  and  transactions  of  the  company  and  of  the 
directors  for  the  time  being  and  such  account  shall  be  open 
to  the  inspection  of  the  shareholders. 

37.  Aliens,  and  companies  incorporated  abroad  as  well 
as  British  subjects  and  corporations,  may  be  shareholders 
in  the  said  company,  and  all  such  shareholders,  whether 
resident  in  this  Province  or  elsewhere,  shall  be  entitled  to 
vote  on  their  shares  equally  with  British  subjects,  and, 
corporations  excepted,  shall  also  be  eligible  to  office  as 
directors  in  the  company. 


Preference 
stock  by-law 
for  issuing. 


Special  rights 
of  preference 
shareholders. 


Unaniiaou 

sanction 

required. 


Preference  Stock. 

38. — (1)  The  directors  may  make  a  by-law  for  creating 
and  issuing  any  part  of  the  capital  stock  as  preference 
stock,  giving  the  same  such  preference  and  priority  as  re- 
spects dividends  and  otherwise  over  ordinary  stock  as  may 
be  declared  by  the  by-law. 

(2)  The  bv-law  may  provide  that  the  holders  of  shares 
of  such  preference  stock  shall  have  the  right  to  elect  a 
certain  stated  proportion  of  the  board  of  directors,  or  may 
give  them  such  other  control  over  the  affairs  of  the  com- 
pany as  may  be  considered  expedient. 

(-3)  No  such  by-law  shall  have  any  force  or  effect  what- 
ever until  after  it  has  been  unanimously  sanctioned  by  a 
vote  of  the  shareholders  present  in  person  or  by  proxy,  at 
a  general  meeting  of  the  company  duly  called  for  consider- 
ing the  same,  or  unanimously  sanctioned  in  writing  by 
the  shareholders  of  the  company;  provided,  however,  that 
if  the  by-law  be  sanctioned  by  three-fourths  in  value  of 
special  proviso.  ^e  shareholders  of  the  company  the  company  may  petition 
the  Board  for  an  order  approving  the  said  by-law,  and  the 
Board  may  approve  thereof  and  from  the  date  of  such 
approval  the  by-law  shall  be  valid  and  may  be  acted  upon. 

(4)  Holders  of  shares  of  such  preference  stock  shall  be 
shareholders  within  the  meaning  of  this  Act,  and  shall 
in  all  respects  possess  the  rights  and  be  subject  to  the  lia- 
bilities of  shareholders  within  the  meaning  of  this  Act, 
provided,  however,  that  in  respect  of  dividends  and  other- 
wise they  shall,  as  against  the  ordinary  shareholders,  be 
entitled  to  the  preferences  and  rights  given  bv  such  by-law. 

(5) 


Rights  and 
liabilities  of 
preference 
shareholders. 


* 


1906. 


RAILWAYS. 


Chap.  30.  217 


(5)  Nothing  in  this  section  contained  or  done  in  pur-^'JaH^f 
suance  thereof  shall  affect  or  impair  the  rights  of  creditors  preserved, 
of  the  company. 

Dividends  and  Interest. 

39.  — (1)  The  directors  may,  at  a  general  meeting,  declare  ^dividends, 
a  dividend  to  be  paid  out  of  the  net  profits  of  the  under- 
taking. k 

(2)  Such  dividends  shall  be  divisible  among  the  share-  D^^°n  of 
holders  in  proportion  to  the  amounts  paid  up  in  cash  upon 
the  shares  held  by  them  respectively. 

40.  The  directors  may,  before  recommending  any  divi-  Reserve  fund, 
dend,  set  aside  out  of  the  profits  of  the  company  such  sums 

as  they  think  proper  as  a  reserve  fund,  to  meet  contingen- 
cies, or  for  equalizing  dividends,  or  for  repairing,  main- 
taining, renewing  or  extending  the  railway  or  any  portion 
thereof,  and  shall  submit  their  action  in  regard  to  such 
reserve  fund  to  the  shareholders  at  a  general  meeting  for 
their  approval ;  and  the  directors  may  invest  the  sum  so  set 
apart  as  a  reserve  fund  in  such  securities  as  they  select, 
not  however  inconsistent  with  this  or  the  special  Act. 

41 .  No  dividend  shall  be  declared  whereby  the  capital  Dividend  not 
of  the  company  is  in  any  degree  reduced  or  impaired,  or  capita*  etc. 
be  paid  out  of  such  capital,  nor  shall  any  dividend  be 

paid,  in  respect  of  any  share  after  a  day  appointed  for 
payment  of  any  call  for  money  in  respect  thereof,  until 
such  call  has  been  paid;  but  the  directors  may,  in  their 
discretion,  until  the  railway  is  completed  and  opened  to 
the  public,  pay  interest  at  any  rate  not  exceeding  five  per 
centum  per  annum,  on  all  sums  actually  paid  in  cash  in 
respect  of  the  shares,  from  the  respective  days  on  which  {,etpafdt0nay 
the  same  have  been  paid;  and  such  interest  shall  accrue  calls  pending 
and  be  paid  at  such  times  and  places  as  the  directors  ap-  cTroadf 
point  for  that  purpose. 

42.  The  directors  may  deduct,  from  any  dividend  pay- Arrears  may 
able  to  any  shareholder,  all  or  any  such  sum  or  sums  of  '/reom3ducted 
money  as  are  due  from  him  to  the  company  on  account  of  dividends, 
any  call  or  otherwise. 

Bonds,  Mortgages,  and  Borrowing  Powers. 

43.  — (1)  The  directors  of  the  company,  under  the  author-  issue  of  bonds 
ity  of  the  shareholders,  to  them  given.at  any  special  meet-' 

ing,  called  for  the  purpose  in  the  manner  provided  by  this 
Act.  or  at  any  annual  meeting  for  which  like  notice  of  in- 
tention to  apply  for  such  authority  has  been  given  as  is  re- 
required  in  the  case  of  a  special  meeting,  and  at  which 

meeting 


218 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII. 


Procedure.  meeting,  whether  annual  or  special,  shareholders  repre- 
senting at  least  two-thirds  in  value  of  the  subscribed  stock 
of  the  company,  and  who  have  paid  all  calls  due  thereon, 
are  present  in  person  or  represented  by  proxy,  may,  subject 
to  the  provisions  in  this  Act  and  the  Special  Act  contained, 
issue  bonds,  debentures,  perpetual  or  terminating  debenture 
stock,  or  other  securities,  signed  by  the  president  or  other 
presiding  officer  and  countersigned  by  the  secretary,  which 
countersignature  and  the  signature  to  the  coupons  at- 
tached to  the  same  may  be  engraved;  and  such  securities 
may  be  made  payable  at  such  times  and  in  such  manner, 
when  and  and  at  such  place  or  places  in  Canada  or  elsewhere,  and 
may  bear  such  rate  of  interest,  not  exceeding  five  per 
cent,  per  annum,  as  the  directors  think  proper. 


where  payable 
Interest. 


iDgpowers.nd"  (2)  Such  bonds,  debentures  or  other  securities  shall  not 
exceed  the  amount  authorized  by  the  special  Act  and  may 
be  issued  only  in  proportion  to  the  length  of  railway  con- 
structed or  under  contract  to  be  constructed. 

onbondsmoney  (3)  The  directors  may  issue  and  sell  or  pledge  all  or  any 
of  the  said  bonds,  debentures,  or  other  securities,  at  the 
best  price  and  upon  the  best  terms  and  conditions  which 
at  the  time  they  may  be  able  to  obtain,  for  the  purpose 
of  raising  money  for  nrosecuting  the  said  undertaking. 

Forn]lLnthan be  (4)  No  such  bond,  debenture  or  other  security  shall  be 
$ioo.  for  a  iess  sum  than  one  hundred  dollars. 

bonds  to  bTa  ^ne  Power  °^  issuing  bonds  conferred  upon  the  corn- 

continuous  pany  hereby  or  under  the  special  Act  shall  not  be  construed 
as  being  exhausted  by  such  issue;  but  such  power  may 
be  exercised  from  time  to  time  upon  the  bonds  constitut- 
ing such  issue  being  withdrawn  or  paid  off  and  duly  can- 
celled;  but  the  limit  to  the  amount  of  bonds,  debentures 
or  other  securities  fixed  in  the  special  Act  shall  not  be 
exceeded. 


Mortgages  44. — (1)  The  company  may  secure  such  bonds,  debentures, 
bondTetc.  or  other  securities,  by  a  mortgage  deed  creating  such 
mortgages,  charges  and  incumbrances  upon  the  whole  of 
such  property,  assets,  rents  and  revenues  of  the  company, 
present  or  future  or  both,  as  are  described  in  the  said  deed, 
but  such  rents  and  revenues  shall  be  subject  in  the 
first  instance  to  the  payment  of  any  penalty  imposed  for 
non-compliance  with  the  requirements  of  this  Act  respect- 
ing returns  to  be  made  under  this  Act  and  next  to  the 
payment  of  the  working  expenditure  of  the  railway. 

(2)  By  the  said  deed  the  company  may  grant  to  the 
holders  of  such  bonds,  debentures  or  other  securities,  or 
the  trustees  named  in  such  deed,  all  and  everv  the  powers, 
risrhts  and  remedies  granted  by  this  Act  in  respect  of  the 
said  bonds,  debentures,  or  other  securities,  and  all  other 
powers,  rights  and  remedies  not  inconsistent  with  this 

Act, 


1906. 


RAILWAYS. 


Chap.  30.  219 


Act,  or  may  restrict  the  said  holders  in  the  exercise  of 
any  power,  privileges  or  remedy  granted  by  this  Act,  as  the 
case  may  be;  and  all  the  powers,  rights  and  remedies  so 
provided  for  in  such  mortgage  deed  shall  be  valid  and 
binding  and  available  to  the  said  holders  in  manner  and 
form  as  therein  provided. 

(3)  The  company  may  except  from  the  operation  of  any  "°y^|ges 
such  mortgage  deed  any  assets,  property,  rents  or  revenue  limited, 
of  the  company,  and  may  declare  and  provide  therein  that 

such  mortgage  shall  only  apply  to  and  affect  certain  sections 
or  portions  of  the  railway  or  property  of  the  company,  but 
where  any  such  exception  is  made,  the  company  shall  in 
such  mortgage  deed  expressly  specify  and  describe,  with 
sufficient  particularity  to  identify  the  same,  the  assets,  pro- 
perty, rents  or  revenue  of  the  company,  or  the  section  or 
portions  of  the  railway,  not  intended  to  be  included  therein 
or  conveyed  thereby. 

(4)  Every  such  mortgage  deed  and  every  assignment  deposed  wi' 
thereof  or  other  instrument  in  any  way  affecting  such  fewitar^and 
mortgage  or  security  shall  be  deposited  in  the  office  of  the  notice  given. 
Board,  of  which  deposit  notice  shall  forthwith  be  given  in 

the  Ontario  Gazette.  Such  mortgage  deed  or  other  instru- 
ment need  not  be  registered  under  the  provisions  of  any  law 
respecting  registration  of  instruments  affecting  real  or  per- 
sonal property. 

(5)  A  copy  of  any  such  deed  or  instrument  so  deposited,  Evidence, 
certified  to  be  a  true  copy  by  the  Secretary,  shall  be  received 

as  prima  facie  evidence  of  the  original  in  all  courts  without 

proof  of  the  signature  of  such  official. 


45.  The  bonds,  debentures,  or  other  securities,  hereby  Bonds,  etc., 
authorized  to  be  issued,  shall  be  taken  and  considered  to  be 

the  first  preferential  claim  and  charge  upon  the  company, 
and  the  franchise,  undertaking,  tolls  and  income,  rents 
and  revenues,  and  real  and  personal  property  thereof,  at 
any  time  acquired,  save  and  except  as  hereinbefore  pro- 
vided. 

46.  Each  holder  of  the  said  bonds,  debentures  or  other  Bondholders, 
securities,  shall  be  deemed  to  be  a  mortgagee  or  incumb-  Mortgagees, 
rancer  upon  the  said  securities  pro  rata  with  all  the  other 
holders,  and  no  proceedings  authorized  by  law  or  by  this 

Act  shall  be  taken  to  enforce  payment  of  the  said  bonds, 
debentures  or  other  securities  or  of  the  interest  thereon 
except  through  the  trustee  or  trustees  appointed  by  or  under 
such  mortgage  deed. 

47.  — (1)  If  the  company  makes  default  in  paying  theRightsof 
principal  or  interest  on  any  of  the  bonds,  debentures  or  bondlTetc., 
other  securities  hereby  authorized,  at  the  time  when  the  "P""^^1* 

same 


220 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII. 


Right  of 
bondholder, 
etc.,  to  rote 
at  meetings. 


same,  by  the  terms  of  the  bond,  debenture  or  other  security, 
becomes  due  and  payable,  then  at  the  next  annual  general 
meeting  of  the  company,  and  at  all  subsequent  meetings, 
all  holders  of  bonds,  debentures  or  other  securities  so  being 
and  remaining  in  default  shall,  in  respect  thereof,  have 
and  possess  the  same  rights  and  privileges  and  qualifications 
for  being  elected  directors  and  for  voting  at  general  meet- 
ings, as  would  attach  to  them  as  shareholders  if  they  held 
fully  paid  up  shares  of  the  company  to  a  corresponding 
amount. 

(2)  Each  such  holder  of  bonds,  debentures  or  other 
securities  shall,  for  the  purpose  of  voting  at  any  such  meet- 
ing, be  deemed  to  be  a  shareholder  and  shall  be  entitled  to 
as  many  votes  as  if  he  held  shares  in  the  company  on  which 
all  calls  had  been  paid,  equal  at  a  par  valuation,  to  the 
amount  of  such  bonds,  debentures  or  other  securities  so  held 
by  him,  and  may  vote  by  proxy  in  like  manner  and  to  the 
same  extent  as  a  shareholder,  but  no  person  who  is  not  him- 
self a  bondholder  of  or  shareholder  in  the  company  shall  be 
qualified  to  be  appointed  a  proxy. 

(3)  The  rights  given  by  this  section  shall  not  be  exer- 
cised by  any  such  holder  unless  it  is  so  provided  by  the 
mortgage  deed,  nor  unless  the  bond,  debenture  or  other 
security,  in  respect  of  which  he  claims  to  exercise  such 
rights  has  been  registered  in  his  name,  in  the  same  man- 
ner as  the  shares  of  the  company  are  registered  at  least 
ten  days  before  he  attempts  to  exercise  the  right  of  vot- 
ing thereon ;  and  the  company  shall  be  boiind  on  demand 
to  register  such  bonds,  debentures  or  other  securities,  and 
thereafter  any  transfers  thereof,  in  the  same  manner  as 
shares  or  transfers  of  shares. 

other  rights        (4)  The  exercise  of  the  rights  given  by  this  section  shall 
mortgage  deed  n°t  take  away,  limit  or  restrain  any  other  of  the  rights 
preserved.       or  remedies  to  which  the  holders  of  the  said  bonds,  deben- 
tures of  other  securities  are  entitled  under  the  provisions 
of  such  mortgage  deed. 


When  right 
of  voting 
may  be 
exercised. 


Bonds,  etc., 
mode  of 
transfer  of. 


48.  All  bonds,  debentures  or  other  securities  hereby 
authorized  may  be  made  payable  to  bearer,  and  shall  in 
that  case  be  transferable  by  delivery,  until  registration 
thereof  as  hereinbefore  provided,  and  while  so  registered 
they  shall  be  transferable  by  written  transfers,  registered 
in  the  same  manner  as  in  the  case  of  the  transfer  of 
shares. 


Power  to 
borrow  money 
by  overdraft, 
etc 


49.  The  company  may,  for  the  purposes  of  the  under- 
taking, borrow  money  by  overdraft  or  upon  promissory 
note,  warehouse  receipt,  bill  of  exchange  or  otherwise 
upon  the  credit  of  the  company  and  become  party  to  pro- 
missory notes  and  bills  of  exchange ;  and  every  such  note 
or  bill  made,  drawn,  accepted  or  endorsed,  by  the  president 

or 


1906. 


RAILWAYS. 


Chap.  30.  221 


or  vice-president  of  the  company,  or  other  officer  author- 
ized by  the  by-laws  of  the  company,  and  countersigned 
by  the  secretary  of  the  company,  shall  be  binding  on  the 
company ;  and  every  such  note  or  bill  of  exchange  so  made, 
drawn,  accepted  or  endorsed  shall  be  presumed  to  have 
been  made,  drawn,    accepted  or   endorsed    with  proper 
authority,  until  the  contrary  is  shown;  and  in  no  case 
shall  it  be  necessary  to  have  the  seal  of  the  company  affixed  Noseal 
to  such  promissory  note  or  bill  of  exchange,  nor  shall  the  necessary . 
president  or  vice-president  or  secretary  or  other  officer  of 
the  company,  so  authorized  be  individually  responsible 
for  the  same,  unless  such  promissory  note  or  bill  of  ex- 
change has  been  issued  without  proper   authority;  but 
nothing  in  this  section  shall  be  construed  to  authorize  the 
company  to  issue  any  note  or  bill  payable  to  bearer,  or  Notes;notto 
intended  to  be  circulated  as  money  or  as  the  note  or  bill  to  bearer, 
of  a  bank. 

50.  The  sections  relating  to  "Organization  of  the  COm-  Application 
pany,"  being  sections  numbers  6  to  49  inclusive,  shall  apply  ^ |trett9 
to  street  railway  companies.      ■  railway 

J  r  companies. 


POWERS. 


51.  Subject  to  the  provisions  of  this  Act  and  the  spe- powers: 
cial  Act  the  company  shall  have  power  and  authority — 

(-1)  To  survey,  lay  out,  construct,  complete,  equip  and 
maintain  a  railway  to  be  operated  by  steam  or  a  rail- 
way or  street  railway  to  be  operated  by  electricity,  with 
double  or  single  tracks; 

(2)  To  receive,  take  and  hold  all  voluntary  grants  and  do-  xo?receive 
nations  of  land  or  other  property  or  any  bonus  of  money  or  fand^tc. ; 
debenture  or  other  benefit  of  any  sort  made  to  it,  to  aid  in 

the  construction,  maintenance  and  accommodation  of  the 
railway,  but  the  same  shall  be  held  and  used  for  the  pur- 
pose of  such  grants  or  donations  only; 

(3)  To  purchase,  take  and  hold  of  any  person  any  land  or  purchase 
other  property  necessary  for  the  construction,  maintenance, land ; 
accommodation  and  use  of  the  railway,  and  also  to  alienate, 

sell  or  dispose  of  the  same  so  soon  as,  for  any  reason,  it  has 
become  not  necessary  for  the  purposes  of  the  company. 

(4)  To  construct,  maintain  and  work  the  railway  across  And  across'or 
along  or  upon  any  stream  of  water,  water  course,  canal  or  £{°ng  streams 
highway  which  it  intersects  or  touches;  but  the  stream, 

water  course,  highway,  canal  or  railway  so  intersected  or 
touched,  shall  be  restored  by  the  Company  to  its  former 
state,  or  to  such  state  as  not  to  impair  its  usefulness;  but 
this  shall  *iot  authorize  the  ob«"'  ruction  of  the  navigation 
of  any  n-     "able  r'ater; 

(5) 


222  Chap.  30.  railways.  6  Edw.  VII. 


dLckshetces'  l^'0  Purcnase  land  f°r  aild  erect  power-houses,  ware- 

houses, elevators,  docks,  stations,  workshops,  and  offices 
and  to  sell  and  convey  such  land  as  may  be  found  super- 
fluous for  any  such  purpose,  and  to  purchase  and  acquire 
stationary  or  locomotive  engines,  motors,  carriages,  waggons 
and  other  machinery  and  contrivances  necessary  for  the 
working  of  the  railway  and  the  accommodation  and  use  of 
the  passengers,  freight  and  business  of  the  railway;  and  to 
hold  as  part  of  the  property  of  the  said  company  as  many 
steam  or  other  vessels  as  the  directors  of  the  company  may 
deem  requisite  from  time  to  time  to  facilitate  the  carriage 
of  passengers,  freight  and  other  traffic  in  connection  with 
the  railway; 

Branch  ran-  (6)  To  make  branch  railways,  if  required  and  provided 
for  by  the  special  Act,  and  to  manage  the  same,  and  for  that 

purpose  to  exercise  all  the  powers,  privileges  and  authori- 
ties necessary  therefor,  in  as  full  and  ample  a  manner  as 
for  the  railway  ; 

convey  per-        (7)  To  take,  transport,  carry  and  convey   persons  and 

sons  and  goods         j  -i  a  l   x     ±t      ±-  j 

on  railway;  goods  on  the  railway,  to  regulate  the  time  and  manner  m 
which  the  same  shall  be  transported,  and  the  tolls  and 
compensation  to  be  paid  therefor,  and  to  receive  such  tolls 
and  compensation; 

Enter  upon         (8)  To  enter  into  and  upon  the  lands  of  any  corporation 
lands,  etc. ;     Qr  pergon  whatsoever  lying  in  the  intended  route  or  line 
of  the  railway;  and,  with  the  consent  of  the  Lieutenant- 
Governor  in  Council  in  that  behalf,  into  and  upon  any 
lands  of  His  Majesty  the  property  of  this  Province; 

Make  survey       (9)  To  make  surveys,  examinations,  or  other  necessary 
of  lands;        arrangements  on  such  lands  necessary  for  fixing  the  site 
of  the  railway,  and  to  set  out  and  ascertain  such  parts  of 
the  lands  as  are  necessary  and  proper  for  the  railway; 

Remove  trees.  (10)  To  fell  or  remove  any  trees  standing  in  any  woods, 
lands  or  forests,  where  the  railway  passes,  to  the  distance 
of  six  rods  from  either  side  thereof.  The  company  shall 
make  full  compensation  to  the  owner  of  any  tree  so  cut  down 
and  the  amount  of  such  compensation  shall  on  the  applica- 
tion of  the  owner  be  determined  by  the  Board ; 

construct  (11)  To  make  or  construct  upon,  across,  under  or  over 

bridges^rains  any  railway,  tramway,  river,  stream,  watercourse,  canal, 
fences,  etc.      or  highway,  which  it  intersects  or  touches,  temporary  or 
permanent  inclined  planes,  tunnels,  embankments,  aque- 
ducts, bridges,  roads,  ways,    passages,    conduits,  drains, 
piers,  arches,  cuttings  and  fences; 

Divert  high-       (12)  To  divert,  or  alter,  as  well  temporarily  as  perma- 
wateVways.     nently,  the  course  of  any  such  river,  stream,  watercourse, 
or  highway,  or  raise  or  sink  the  level  thereof,  in  order  the 
more  conveniently  to  carry  the  same  over,  under  or  by  the 
side  of  the  railway; 

(13) 


1906. 


RAILWAYS. 


Chap.  30.  223 


(13)  To  make  drains  or  conduits  into,  through,  or  under  construct 
any  lands  adjoining  the  railway,  for  the  purpose  of  con-drams- 
veying  water  from  or  to  the  railway ; 

(14)  With  consent  of  the  Board  after  notice  to  any  Divert  drains, 
person   interested,  to  divert   or  alter  the  position  of  any  ^jJJ-es' and 
water-pipe,  gas-pipe,  sewer  or  drain,  or  any  telegraph,  tele- 
phone, or  electric  lines,  wires  or  poles; 

(15)  With  consent  of  the  Board  after  notice  to  any  Alter  and  sub- 

•    ,        xjj>  i-  i        n  ■         Btittlte  other 

person  interested,  irom  time  to  time  to  alter,  repair  or  works, 
discontinue  the  before-mentioned  works,  or  any  of  them, 
and  substitute  others  in  their  stead ; 

(16)  To  cross,  intersect,  join  and  unite  the  railway  with  other  ra!i-h 
any  other  railway  at  any  point  on  its  route,  and  upon  the  ways ; 
lands  of  such  other  railway,  with  the  necessary  conven- 
iences for  the  purposes  of  such  connection ;  and  the  owners 

of  both  railways  may  unite  in  forming  such  intersection, 
and  grant  the  facilities  therefor;  and  the  amount  of  com- 
pensation to  be  made  therefor,  the  point  and  manner  of  such 
crossing  and  connection,  shall  be  determined  by  the  Board 
as  provided  by  this  Act ; 

(17)  To  do  all  other  acts  necessary  for  the  construction,  other  neces- 
maintenance  and  operation  of  the  railway  in  pursuance  ofsaryActs- 
and  according  to  the  meaning  and  intent  of  this  Act,  and 

of  the  special  Act. 

52.  The  provisions  for  the  ascertainment  of  compensation  Application  of 
contained  in  subsection  16  of  section  51  of  this  Act  shall  not \***  sut£eding 
extend  or  apply  to  any  railway  incorporated  under  an  Act  sections. 

of  the  Legislature  of  Ontario,  in  any  case  in  which  it  is  pro- 
posed that  such  railway  shall  cross,  intersect,  join,  or  unite 
with,  or  be  crossed,  intersected,  joined  or  united  with  a  rail- 
way under  the  legislative  control  of  Canada. 

53.  The  company  shall,  in  the  exercise  of  the  powers  compensation 
by  this  or  the  Special  Act  granted,  do  as  little  damage  for  damage, 
as  possible,  and  shall  make  full  compensation,  in  the  man- 
ner herein  or  in  the  Special  Act  provided,  to  all  parties 
interested,  for  all  damage  by  them  sustained  by  reason  of 

the  exercise  of  such  powers. 

54.  - — (1)  The  railway  company  shall  not  take  possession  occupy  public 
of,  use  or  occupy  any  lands  belonging  to  the  Province,  with-  ^nd8'  beaches, 
out  the  consent  of  the  Lieutenant-Governor  in  Council;  but 

with  such  consent  such  company  may  take  and  appropriate 
for  the  use  of  their  railway  and  works,  but  not  alienate, 
so  much  of  the  wild  lands  of  the  Province  lying  on  the 
route  of  the  railway  as  have  not  been  granted  or  sold,  and 
as  may  be  necessary  for  the  railway,  as  also  so  much  of 
the  public  beach  or  of  the  land  covered  with  the  waters  of 

any 


224 


Chap.  30. 


RAILWAYS . 


6  Edw.  VII. 


any  lake,  river,  stream  or  canal,  or  of  their  respective  beds, 
as  is  necessary  for  making  and  completing  and  using  their 
said  railway  and  works; 

(2)  The  extent  of  the  public  beach  or  of  the  land  covered 
with  water  of  any  river  or  lake  in  the  Province  of  Ontario 
taken  for  the  railway  shall  not  exceed  the  quantity  limited 
in  section  60  of  this  Act. 


bhm'gde  inThe  ^  company 

line  of  a  rail-  the  location  of  its  line  of  railway  in  any  particular  part 
for  the  purpose  of  lessening  a  curve,  reducing  a  gradient, 
or  otherwise  benefiting  such  line  of  railway,  or  for  any 
other  purpose  of  public  advantage,  may,  with  the  leave  of 
the  Board,  make  such  change;  and  all  the  clauses  of  this 
Act  shall  refer  as  fully  to  the  part  of  any  such  line  of  rail- 
way so  at  any  time  changed  or  proposed  to  be  changed  as  to 
the  original  line;  but  no  railway  company  shall  have  any 
right  to  extend  its  line  of  railway  beyond  the  termini  men- 
tioned in  the  special  Act. 

Telegraph  and  Telephone  Lines. 


which  desires  at  any  time  to  change 


way  at  any 
time  for  cer- 
tain purposes. 


Telephone  and 
telegraph  lines 


Proviso. 


Proviso. 


56. — (1)  Except  as  provided  in  subsections  3  and  4  of  this 
section  the  company  may  construct  and  operate  an  electric 
telegraph  line  and  a  telephone  line  throughout  and  along 
the  whole  line  of  railway,  and  the  branches  thereof,  or  any 
part  of  the  said  railway  or  branches,  and  for  the  purpose  of 
constructing,  working  and  protecting  the  said  telegraph  and 
telephone  lines,  the  powers  conferred  upon  telegraph  com- 
panies by  The  Act  respecting  Telegraph  Companies,  being 
chapter  192  of  the  Revised  Statutes  of  Ontario,  1897,  are 
hereby  conferred  upon  the  company;  provided  that  no 
poles  shall  be  erected  in  the  construction  of  either  of  the 
said  lines  in  or  through  any  city,  town  or  incorporated' 
village,  without  an  agreement  with  the  council  of  such  city,, 
town  or  village  being  first  obtained  by  the  company ;  pro- 
vided, also,  that  such  telegraph  and  telephone  lines  shall 
be  used  exclusively  for  the  purooses  of  the  business  of  the 
company.  Provided  also  that  in  case  the  parties  are 
unable  to  agree,  the  terms  and  conditions  upon  which  such 
poles  may  be  erected  shall  be  determined  by  the  Board. 


Municipal 
telephone 
systems, 
connections 
with . 


(2)  Whenever  any  municipal  corporation  or  person  has 
authority  to  construct,  operate  and  maintain  a  telephonic 
system  in  any  district,  and  is  desirous  of  obtaining  tele- 
phonic connection  or  communication  with  or  within  any  sta- 
tion or  premises  of  the  company,  in  such  district,  and  can- 
not agree  with  the  company  with  respect  thereto,  such  muni- 
cipal corporation  or  person  may  apply  to  the  Board  for  leave 
therefor,  and  the  Board  may  order  the  company  to  provide 
for  such  connection  or  communication  upon  such  terms  as  to 
compensation  as  the  Board  d^ems  just  and  expedient,  and 

may- 


1906. 


RAILWAYS. 


Chap.  30.  225 


may  order  and  direct  how,  when,  where,  by  whom  and 
upon  what  terms  and  conditions  such  telephonic  connec- 
tion or  communication  shall  be  constructed,  operated  and 
maintained. 

(3)  No  lines  or  wires  for  the  conveyance  of  light,  heat,  ^/o^'rafiway. 
power  or  electricity,  shall  be  erected,  placed  or  maintained 

across  the  railway  without  leave  of  the  Board. 

(4) '  Upon  any  application  for  such  leave,  the  applicant  Plans  to  be 
shall  submit  to  the  Board  a  plan  and  profile  of  the  part  Board.  e  ° 
of  the  railway  proposed  to  be  affected  showing  the  pro- 
posed location  of  such  lines  and  wires  and  the  works  con- 
templated in  connection  therewith;  and  the  Board  may 

grant  such  application  and  may  order  by  whom,  how,  ^ard.by 
when,  and  on  what  terms  and  conditions,  and  under  what 
supervision,  such  work  shall  be  executed;  and  upon  such 
order  being  made  such  lines  and  wires  may  be  erected, 
placed  and  maintained  across  the  railway  subject  to  and 
in  accordance  with  such  order. 

(5)  As  soon  as  practicable  after  its  organization  the  ^dlcrral  r,ules 
Board  shall  promulgate  rules  and  regulations  and  standard  tions^fBoard. 
plans  and  specifications  to  be  adhered  to  in  carrying  lines 

of  wires  to  be  used  for  telephone  and  telegraph  purposes 
across  the  railway,  and  no  lines  of  such  wires  shall  there- 
after be  carried  across  the  railway  in  any  other  way  or  on 
any  other  terms  without  the  leave  of  the  Board  first  ob- 
tained, provided  the  Board  may,  from  time  to  time,  amend 
or  change  as  to  it  may  seem  fit  such  rules,  regulations  and 
standard  plans  and  specifications,  but  such  rules,  regula- 
tions, plans  and  specifications  and  amendments  or  changes 
thereto  and  thereof  shall  not  affect  crossings  made  before 
their  adoption  by  the  Board;  provided,  further,  that  in 
special  cases  on  the  application  of  any  person  or  corporation  rovi  °' 
to  be  affected  by  such  crossing  the  Board  may  order  that 
such  crossing  shall  be  made  in  some  other  manner  than  that 
prescribed  by  the  standard  plans  and  specifications,  and  by 
whom  and  how  and  when  and  on  what  terms  and  conditions 
and  under  what  supervision  such  work  shall  be  executed, 
and  upon  such  order  being  made  such  lines  and  wires  may 
be  erected,  placed  and  maintained  across  the  railway,  sub- 
ject to  and  in  accordance  with  such  order. 


Interchange  of  Traffic. 

57. — (1)  The  directors  of  any  railway  company  may  at  One  company 
any  time,  and  from  time  to  time,  make  and  enter  into  any  with  another 
agreement  or  arrangement  with  any  other  company,  either  Jraffio""8 
in  this  Province    or   elsewhere,  for    the    regulation  and 
interchange  of  traffic  passing  to  and  from  the  railways 
of  the  said  companies,  and  for  the  working  of  the  traffic 
over  the  said  railways  respectively,  or  for  either  of  those 
1  5  S.  objects 


226         Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


objects  separately,  and  for  the  division  and  apportion- 
ment of  tolls,  rates  and  charges  in  respect  of  such  traffic, 
and  generally  in  relation  to  the  management  and  working 
of  the  railways,  or  any  of  them,  or  any  part  thereof,  and 
of  any  railway  in  connection  therewith,  for  any  term  not 
exceeding  twenty-one  years,  and  to  provide,  either  by 
proxy  or  otherwise,  for  the  appointment  of  a  joint  com- 
mittee or  committees  for  the  better  carrying  into  effect 
such  agreement  or  arrangement,  with  such  powers  and 
functions  as  may  be  considered  necessary  or  expedient, 
subject  to  the  consent  of  two-thirds  of  the  shareholders, 
voting  in  person  or  by  proxy. 


Railway  Com- 
panies must 
afford  each 
other  every 
facility  for  the 
forwarding  of 
traffic,  with 
out  preference 
or  favour. 


(2)  Every  railway  company  shall,  according  to  their 
respective  powers,  afford  all  reasonable  facilities  to  any 
other  railway  company  for  the  receiving  and  forwarding 
and  delivering  of  traffic  upon  and  from  the  several  rail- 
ways belonging  to  or  worked  by  such  companies  respec- 
tively, and  for  the  return  of  carriages,  trucks,  and  other 
vehicles;  and  no  such  company  shall  give  or  continue  any 
preference  or  advantage  to  or  in  favour  of  any  particular 
company,  or  any  particular  description  of  traffic,  in  any 
respect  whatsoever,  nor  shall  such  company  subject  any 
particular  company  or  any  particular  description  of  traffic 
to  any  prejudice  or  disadvantage  in  any  respect  whatso- 
ever; and  every  railway  company  having  or  working  a 
railway  which  forms  part  of  a  continuous  line  of  railway, 
or  which  intersects  any  other  railway  or  which  has  a  ter- 
minus, station  or  wharf  of  the  one  near  a  terminus,  sta- 
tion or  wharf  of  the  other,  shall  afford  all  due  and  reason- 
able facilities  for  receiving  and  forwarding  by  the  one 
of  such  railways,  all  the  traffic  arriving  by  the  other,  with- 
out any  unreasonable  delay  and  without  any  such  prefer- 
ence or  advantage,  or  prejudice  or  disadvantage  as  afore- 
said, and  so  that  no  obstruction  may  be  offered  in  the 
using  of  such  railway  as  a  continuous  line  of  communica- 
tion, and  so  that  all  reasonable  accommodation  may  at  all 
times,  by  the  means  aforesaid,  be  mutually  afforded  by 
and  to  the  said  several  railwav  companies. 


Penalty  on 
companies  or 
their  officers 
refusing  or 
neglecting  to 
forward  traffic 
as  above 
required. 


How  recover- 
able, and  bow 
to  be  applied. 


(3)  If  any  officer,  servant  or  agent  of  a  railway  com- 
pany, having  the  superintendence  of  the  traffic  at  any 
station  or  depot  thereof,  refuses  or  neglects  to  receive, 
convey  or  deliver  at  any  station  or  depot  of  the  company 
for  which  they  may  be  destined,  any  passenger,  goods 
or  things,  brought,  conveyed  or  delivered  to  him  or  to 
such  company,  for  conveyance  over  or  along  the  railway 
from  that  of  any  other  company,  intersecting  or  coming 
near  to  such  first-mentioned  railway,  or  in  any  way  wil- 
fully contravenes  the  provisions  of  the  next  preceding 
subsection — such  first-mentioned  railway  company,  or  such 
officer,  servant  or  agent,  personally,  shall,  for  every  such 
1  Pa  S.      '  neglect 


1906. 


RAILWAYS. 


Chap.  30 


227 


neglect  or  refusal,  incur  a  penalty  not  exceeding  $50  over 
and  above  the  actual  damages  sustained. 

(4)  In  case  any  company  or  municipality  interested  is 
unable  to  agree  as  to  the  regulation  and  interchange  of 
traffic  or  in  respect  of  any  other  matter  in  this  section  pro- 
vided for,  the  same  shall  be  determined  by  the  Board. 

(5)  All  complaints  made  under  this  section  shall  be  heard 
and  determined  by  the  Board. 

(6  This  section  shall  apply  to  such  street  railways  as  may 
from  time  to  time  be  determined  by  the  Board. 

Amalgamation  and  Running  Arrangements  with  other 
Companies. 

58. — (1)  The  company  shall  have  the  power  to  agree  ^fthe0fherts 
for  connection  and  making  running  arrangements  with  any  companies, 
other  railway  company,  the  lines  of  which  are  approached 
or  crossed  by  the  line  or  lines  of  the  company,  if  lawfully 
empowered  to  enter  into  any  such  agreement,  upon  terms 
to  be  authorized  by  two-thirds  in  value  of  the  shareholders 
at  a  special  general  meeting  to  be  held  for  that  purpose, 
and  it  shall  also  be  lawful  for  the  company  to  enter  into 
any  agreement  or  agreements  with  any  such  company  if 
lawfully  authorized  to  enter  into  such  an  agreement,  for 
the  sale  or  leasing  or  hiring  of  the  whole  or  any  portion 
of  the  railway  or  the  use  thereof  or  for  the  sale  or  leasing 
or  hiring  any  engines,  locomotives,  motors,  carriages,  or 
cars  or  any  of  them  or  of  any  part  thereof  or  touching 
any  service  to  be  rendered  by  one  company  to  the  other 
and  the  compensation  therefor,  if  the  arrangements  and 
agreements  shall  be  so  authorized  by  two-thirds  in  value 
of  the  shareholders  voting  in  person  or  by  proxy  at  a 
special  general  meeting  to  be  called  for  that  purpose,  and 
every  such  agreement  shall  be  valid  and  binding  accord- 
ing to  the  terms  and  tenor  thereof  subject  to  sub-section 
3  of  this  section,  and  the  company  purchasing,  leasing  or 
entering  into  such  agreement  for  using  the  said  railway 
may  and  is  hereby  authorized  to  work  the  said  railway  in 
the  same  manner  as  if  incorporated  with  its  own  line. 

(2)  The  company  may  contract  and  agree  with  any 
other  railway  company  the  lines  of  which  are  approached 
or  crossed  by  the  line  or  lines  of  the  company  if  lawfully 
authorized  to  enter  into  such  arrangements,  for  amalga- 
mation with  any  or  either  of  them,  provided  that  no  such 
contract  shall  be  of  any  force  or  validity  unless  first 
authorized  by  resolution  passed  by  vote  of  the  shareholders 
in  person  or  by  proxy  representing  two-thirds  in  value 
of  the  subscribed  capital  stock,  and  on  which  no  call  is 
in  default  and  unpaid  at  a  general  meeting  specially  called 
for  that  purpose. 

(3) 


-228  Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


bfsubTectto10  (3)  No  such  agreement  for  amalgamation,  connec- 
boird™1  by  tions,  running  arrangements,  sale,  leasing  or  hiring  of  the 
railway  or  any  portion  thereof  shall  be  of  any  force  or  effect 
until  approved  by  resolution  of  the  Board,  and  every  such 
agreement  shall  be  subject  to  such  terms,  conditions  and 
regulations,  general  or  special,  as  the  Board  may  from 
time  to  time  order. 

street'aHw1        ^)  This  section  shall  apply  to  such  street  railways  as  may 
"   from  time  to  time  be  determined  by  the  Board. 


PLANS  AND  SURVEYS. 


books  of d  ^  -Plans  and  surveys  and  books  of  reference  shall  be 

reference.       made  and  corrected  as  follows : 

(1)  Surveys  and  levels  shall  be  taken  and  made  of  the 
lands  through  which  the  railway  is  to  pass,  together  with 
a  map  or  plan  thereof,  and  of  its  course  and  direction,  and 
of  the  lands  intended  to  be  passed  over  and  taken  therefor, 
so  far  as  then  ascertained,  and  also  a  book  of  reference  for 
the  railway,  in  which  shall  be  set  forth — 

(a)  A  general  description  of  the  said  lands ; 
(6)  The  names  of  the  owners  and  occupiers  thereof,  so 
far  as  they  can  be  ascertained ;  and 

(c)  Everything  necessary  for  the  right  understanding 
of  such  map  or  plan. 

Certifying  map  (2)  The  map  or  plan  and  book  of  reference  shall  be  ex- 
bookofand  amined  and  if  in  all  respects  satisfying  the  provisions  of 
reference.       this  Act  and  the  special  Act  shall  be  certified  by  the  Board 

who  shall  keep  one  copy  thereof  on  file  in  the  office  of  the 

Board. 

Registration  of     (3)  The  company  shall  also  deposit  copies  thereof,  or 
^Tbookof     of  such  parts  thereof  as  relate  to  each  district  or  county 
reference.       through  which  the  railway  is  to  pass,  duly  certified  as 
copies  by  the  Secretary,  in  the  registry  offices  of  such  dis- 
tricts or  counties  respectively. 

copies.  (4)  Any  person  may  resort  to  such   copies,    and  make 

extracts  or  copies  thereof,  as  occasion  requires,  paying  to 
the  Secretary,  or  to  the  Registrar,  at  the  rate  of  ten  cents 
Appeal  against  for  every  hundred  words  so  extracted  or  copied.     Any  per- 
Ko°i^n1neCa"  son  aggrieved  by  the  proposed  location  of  the  line  of 

railway  may  within  ten  days  after  the  deposit  of  the  map  or 
plan  and  book  of  reference  aforesaid  in  the  registry  office  of 
the  district  or  county  where  the  lands  are  situated,  the  loca- 
tion 


1906. 


RAILWAYS . 


Chap.  30 


229 


tion  through  which  is  complained  of,  apply  to  the  Board, 
setting  forth  his  objections  to  the  location  of  the  proposed 
line,  and  the  Board  shall  if  it  considers  sufficient  cause 
therefor  exists,  appoint  a  disinterested  engineer,  who  shall 
examine  the  said  proposed  line,  and  after  hearing  the  par- 
.  ties  he  shall  confirm  or  alter  the  same  as  may  be  consistent 
with  the  just  rights  of  all  parties  and  of  the  public.  The 
determination  of  the  engineer  approved  by  the  Board  shall, 
within  ten  days  after  his  appointment,  be  made  and  certi- 
fied, and  such  certificates  shall  be  filed  in  the  office  of  the 
Registrar  for  the  district  or  county  where  the  lands  are  sit- 
uated. 


(5)  The  said  engineer  shall  be  entitled  to  reasonable  fees  Fees  and  ex- 
for  each  day  employed  in  connection  with  the  said  ex-  engineer, 
animation  and  work,  together  with  his  actual  expenses 
incurred  therein,  and  the  amount  shall  in  the  first  instance 

be  paid  by  the  person  applying  for  his  appointment,  but 
if  the  proposed  route  is  altered  or  changed  by  the  engin- 
eer, the  railway  company  shall  refund  to  the  applicant  the 
amount  so  paid. 

(6)  Any  omission,  misstatement  or  erroneous  description  j^'^"^  how 
of  such  lands  or  of  the  owners  or  occupiers  thereof,  in  a 

map  or  plan  or  book  of  reference,  may  on  application  by 
any  party  interested  and  -after  giving  ten  days'  notice  to 
the  owner  of  the  lands,  be  corrected  by  the  Board  on  ap- 
plication made  to  them  for  that  purpose,  and  if  it  appears 
to  them  that  the  omission,  misstatement  or  erroneous  de- 
scription arose  from  mistake  the  Board  shall  certify  the 
same  accordingly. 


(7)  The  certificate  shall  state  the  particulars  of  such  contents  of 
omission,  and  the  manner  thereof,  and  shall  be  deposited  certincate- 
in  the  registry  office  of  the  district  or  county  respectively 
in  which  such  lands  are  situate  and  kept  in  such  reg- 
istry office  along  with  the  other  documents  to  which  they 
relate;  and  thereupon  the  map  or  plan  or  book  of  reference 
shall  be  deemed  to  be  corrected  according  to  such  certifi- 
cate ;  and  the  company  may  construct  and  lay  out  the  rail- 
way in  accordance  with  the  certificate. 


(8)  If  any  alterations  from  the  original  plan  or  survey  Alterations 
are  intended  to  be  made  in  the  line  or  course  of  the  rail-  survey"gin 
way,  a^plan  and  section  in  triplicate  of  such  alterations  as 
have  been  approved  of  by  the  Board,  on  the  same 
scale  and  containing  the  same  particulars  as  the  original 
plan  and  survey,  shall  be  deposited  in  the  same  manner  as 
the  original  plan,  and  copies  or  extracts  of  the  plan  and 
section,  so  far  as  they   relate  to  the  several   districts  or 

counties 


230  Chap.  30.  railways.  6  Edw.  VII 


counties  in  or  through,  which  the  alterations  have  been 
authorized  to  be  made,  shall  be  deposited  in  the  registry 
offices  of  such  districts  or  counties. 


General 
provisions 
respecting, 
plans,  etc. 


Must  be 
signed. 


Board  may 
refuse  unsatis- 
factory plans. 


(9)  All  plans,  profiles  and  books  of  reference  required 
by  law  to  be  deposited  by  the  company  with  the  Board, 
shall  be  drawn  to  such  scale,  with  such  detail,  upon  such 
materials,  and  of  such  character,  as  the  Board  may,  either 
by  general  regulation,  or,  in  any  case,  require  or  sanction, 
and  shall  be  certified  and  signed  by  the  president  or  vice- 
president  or  general  manager  and  also  by  the  engineer  of 
the  company;  and  any  book  of  reference,  required  to  be  so 
deposited,  shall  be  prepared  to  the  satisfaction  of  the 
Board.  Unless  and  until  such  plan,  profile  and  book  of 
reference  is  so  made  satisfactory  to  the  Board,  the  Board 
may  refuse  to  sanction  the  same,  or  to  allow  the  same  to 
be  deposited  with  the  Board  within  the  meaning  of  this 
Act. 


Further  plans 
as  Board 
requires. 


(10)  In  addition  to  such  plans,  profiles  and  books  of 
reference,  the  company  shall,  with  all  reasonable  expedi- 
tion, prepare  and  deposit  with  the  Board,  any  other,  or 
further  plans,  profiles,  or  books  of  reference  of  any  por- 
tion of  the  railway,  or  of  any  siding,  station  or  works 
thereof,  which  the  Board  may  from  time  to  time  order  or 
require. 


Registrar  of 
Deeds  to 
recei  -  e  copies 
of  original 
plan,  etc. 


Certified  copy 
of  maps,  etc., 
to  be  taken  as 
evidence. 


Line  not  to 
deviate  more 
than  a  mile. 


(11)  The  Registrar  of  Deeds  shall  receive  and  retain  the 
copies  of  the  original  plans  and  surveys  and  books  of  re- 
ference and  copies  of  the  plans  and  sections  of  alterations, 
and  copies  and  extracts  thereof  respectively,  and  shall 
permit  all  persons  interested  to  inspect  any  of  the  docu- 
ments aforesaid,  and  to  make  copies  and  extracts  of  and 
from  the  same,  under  penalty  for  default  of  $4. 

(12)  A  copy  of  the  said  maps,  plans,  profiles  and  books  of 
reference  or  portions  thereof  certified  by  the  Registrar  of 
Deeds  or  the  Secretary  shall  in  all  courts  be  evidence  that 
such  original  document  was  so  deposited  at  the  time  stated 
and  certified,  and  shall  be  prima  facie  proof  of  the  original 
so  deposited,  and  that  the  same  was  signed,  certified,  at- 
tested, or  otherwise  executed,  by  the  persons,  by  whom, 
and  in  the  manner  in  which,  the  same  purports  to  be 
signed,  certified,  attested  or  executed,  as  shown  or  appear- 
ing by  such  certified  copy,  and  in  the  case  of  a  plan,  that 
such  plan  is  prepared  according  to  a  scale,  and  in  manner 
and  form,  sanctioned  by  the  Board. 

(13)  No  deviation  of  more  than  one  mile  from  the  line  of 
the  railway  or  from  the  places  assigned  thereto  in  the  said 
map  or  plan  and  book  of  reference  or  plans  or  sections, 
shall  be  made  into,  through,  across,  under  or  over  any 

part 


1906. 


RAILWAYS. 


Chap.  30  231 


part  of  the  lands  not  shewn  in  such  map  or  plan  and  book 
of  reference,  or  plans  or  sections,  or  within  one  mile  of 
the  said  line  and  place,  save  in  such  instances  as  are  pro- 
vided for  in  the  special  Act. 

(14)  The  railway  may  be  carried  across    or   upon  the  E™g  J,"  air- 
lands of  any  person  on  the  line,  or  within  the  distance  son^enterea  in 
from  such  line  as  aforesaid,  although  the  name  of  such  reference, 
person  has  not  been    entered  in  the  book  of  reference 
through  error  or  any  other  cause,  or  although  some  other 

person  is  erroneously  mentioned  as  the  owner  of  or  en- 
titled to  convey,  or  is  interested  in  such  lands. 

(15)  A  map  and  profile  of  the  completed  railway  and  of  J£^aey  to  be 
the  land  taken  or  obtained  for  the  use  thereof,  shall,  with-  ^  ^j^f 
in  a  reasonable  time  after  completion  of  the  undertaking,  Board. 

be  made  and  filed  in  the  office  of  the  Board  and  like  maps 
of  the  parts  thereof  located  in  different  counties  shall  be 
filed  in  the  registry  offices  for  the  registry  divisions  in. 
which  such  parts  are  respectively  situate. 

TAKING  OF  LANDS  WITHOUT  THE  CONSENT  OP  THE  OWNERS. 

60.  The  lands  which  may  be  taken  without  the  consent  E^*eSt  of  1*nd 

,  J  which  may  be 

of  the  owner  :  —  taken. 

For  the  right  of  way  shall  not  exceed  one  hundred  feet  in  For  right-of- 
breadth  except  in  places  where  the  rail  level  is  or  is  pro- way' 
posed  to  be,  more  than  five  feet  above  or  below  the  surface 
of  the  adjacent  lands,  when  such  additional  .width  may 
be  taken  as  shall  suffice  to  accommodate  the  slope  and  side 
ditches ; 

For  stations,  depots  and  yards,  with  the  freight  sheds,  Forstations, 
warehouses,  wharves,  elevators  and  other  structures  for  the  etc- 
accommodation  of  traffic  incidental  thereto,  shall  not  ex- 
ceed one  mile  in  length  by  five  hundred  feet  in  breadth, 
including  the  width  of  the  right  of  way. 

61.  — (1)  All  corporations  and  persons  whatever,  tenants  corporation, 
in  tail  or  for  life,  guardians,  executors,  administrators,  vlyiS'ds.COtt" 
and  all  other  trustees  whatsoever,  not  only   for  and  on 

behalf  of  themselves,  their  heirs  and  successors,  but  also 
for  and  on  behalf  of  those  whom  they  represent,  whether 
infants,  issue  unborn,  lunatics,  idiots,  femes  covert,  or 
other  persons,  seised,  possessed  of  or  interested  in  any 
lands,  may  contract  for,  sell  and  convey  unto  the  com- 
pany all  or  any  part  thereof. 

(2)  The    powers    by   the    preceding    sub-section    con-  Limitation  of 
f erred  upon  rectors  in  possession  of  glebe  lands,  ecclesias-  certain  ^ases.  1 
tical  and  other  corporations,  trustees  of  land  for  church 
and  school  purposes  or  either,  shall  only  extend  and  be  exer- 
cised 


232 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


Effect  of  sale 
under  preced- 
ing section. 


Disposition  of 

purchase 

money. 


Bffect  of  con- 
tracts made 
before  deposit 
of  map. 


cised  with  respect  to  any  of  such  lands  actually  required  for 
the  use  and  occupation  of  the  company. 

62.  Any  contract,  agreement,  sale,  conveyance  and 
assurance  made  under  the  preceding  section  shall  be  valid 
and  effectual  in  law  to  all  intents  and  purposes  whatso- 
ever, and  shall  vest  in  the  company  receiving  the  same, 
the  fee  simple  in  the  lands  in  such  deed  described,  freed 
and  discharged  from  all  trusts,  restrictions  and  limita- 
tions whatsoever,  and  the  corporation  or  person  so  convey- 
ing, is  hereby  indemnified  for  what  it  or  he  respectively 
does  by  virtue  of  or  in  pursuance  of  this  Act. 

63.  The  company  shall  not  be  responsible  for  the  dis- 
position of  any  purchase  money  for  lands  taken  by  it  for 
its  purposes,  if  paid  to  the  owner  of  the  land  or  into  Court. 

64.  Any  contract  or  agreement  for  the  sale  to  the  com- 
pany of  any  lands  made  by  any  person  authorized  by  this 
Act  to  convey  lands,  and  made  before  the  deposit  of  the 
map  or  plan  and  book  of  reference,  and  before  the  setting 
out  and  ascertaining  of  the  lands  required  for  the  railway, 
shall  if  duly  registered  in  the  proper  Registry  Office  be 
binding  upon  subsequent  purchasers  of  such  lands  at  the 
price  agreed  upon  for  the  same  lands,  if  they  are  afterwards 
so  set  out  and  ascertained  within  one  year  from  the  date  of 
the  contract  or  agreement,  and  although  snch  land  may, 
in  the  meantime  have  become  the  property  of  a  third  party; 
and  possession  of  the  land  may  be  taken,  and  the  agreement 
and  price  may  be  dealt  with,  as  if  such  price  had  been  fixed 
by  an  award  of  arbitrators  as  hereinafter  provided,  and 
the  agreement  shall  be  in  the  place  of  an  award. 

65.  All  corporations  or  persons  who  cannot  in  common 
course  of  law  sell  or  alienate  any  lands  so  set  out  and  as- 
certained, shall  agree  upon  a  fixed  annual  rent  as  an 
equivalent,  and  not  upon  a  principal  sum,  to  be  paid  for 
the  lands;  and  if  the  amount  of  the  rent  is  not  fixed  by 
voluntary  agreement  or  compromise,  it  shall  be  fixed  and 
all  proceedings  shall  be  regulated  in  the  manner  herein 
prescribed;  and  for  the  payment  of  the  said  annual  rent, 
and  every  other  annual  rent  agreed  upon  or  ascertained, 
and  to  be  paid  for  the  purchase  of  any  lands,  or  for  any 
part  of  the  purchase  money  of  any  lands,  which  the  ven- 
dor agrees  to  leave  unpaid,  the  railway  and  the  tolls  there- 
on shall  be  liable  and  chargeable  in  preference  to  all  other 
claims  and  demands  thereon  whatsoever,  the  deed  creating 
such  charge  and  liability  being  duly  registered  in  the 
registry  office  of  the  proper  registration  district. 

After  one  66.  After  ten  days  from   the  deposit   of   the  map  or 

o^0dneposit0ofCe  plan    an(^   book  of  reference,  and  from  notice  thereof  in 

at 


Corporations 
or  persons, 
who  cannot 
sell,  may 
agree  upon  a 
fixed  rent. 


1906. 


RAILWAYS. 


Chap.  30 


233 


at  least  one  newspaper,  if  there  is  any,  published  in  each  pi^tfon  \oP 
of    the    counties    through    which    the    railway    is    in-     Pwner  of 
tended  to  pass,   application   may  be  made  to  the  owners 
of    lands    which    may    suffer    damage    from    the  tak- 
ing of  materials   or  the   exercise  of  any  of   the  powers 
granted  for  the  railway,  and  thereupon,  agreements  and 
contracts  may  be  made  with    such  owners  touching  the 
said  lands,  or  the  compensation  to  be  paid  for  the  same, 
or  for  the  damages,  or  as  to  the  mode  in  which  such  com-  v 
pensation  shall  be  ascertained,  as  may  seem  expedient  to 
both  parties,  and  in  case  of  disagreement  between  them 
shall  be  settled  as  in  section  68  mentioned. 

67.  The  deposit  of  a  map  or  plan  and  book  of  reference,  Deposit,  etc , 
and  the  notice  of  the  deposit,  shall  be  deemed  a  general  Jf0Heefeneral 
notice  to  all  such  persons  as  aforesaid  of  the  lands  which 

will  be  required  for  the  railway  and  works. 

68.  — (1)  A  notice  shall  be  served  upon  the  owner  which  Notice  to  op- 

Shall  Contain:—  posite  party. 

(a)  A  description  of  the  lands  to  be  taken,  or  of  the 
powers  intended  to  be  exercised  with  regard  to 
any  lands  (describing  them) : 

(6)  A  declaration  of  readiness  to  pay  some  certain  sum 
or  rent,  as  the  case  may  be,  as  compensation 
for  such  lands  or  for  such  damages ;  and 

(c)  The  name  of  a  person  to  be  appointed  as  the  arbi- 
trator of  the  company,  if  the  offer  be  not 
accepted. 

(2)  The  notice  shall  be  accompanied  by  the  certificate  of  Certificate  of 
an   Ontario  Land    Surveyor,  disinterested  in   the   matter ace^ripany 
and  not  being  the  arbitrator  named  in  the  notice  to  the notice- 
following  effect:  — 

(a)  That  the  land  (if  the  notice  relates  to  the  taking 

of  land,)  shewn  on  the  map  or  plan,  is  required 
for  the  railway,  (or  is  within  the  limits  of 
deviation  by  this  Act  allowed ;) 

(b)  That  he  knows  the  land,  or  the  amount  of  damage 

likely  to  arise  from  the  exercise  of  the  powers; 
and 

(o)  That  the  sum  so  offered  is,  in  his  opinion,  a  fair 
compensation  for  the  land,  and  for  the  dam- 
ages as  aforesaid.  * 

(3)  If  the  owner  is  absent  from  the  district  or  county  in  If  tne  Party >s 
which  the  lands  lie,  or  is  unknown,  then  upon  application  tokno"1 
a  Judge  of  the  County  Court  of  the  County  in  which  the 
lands  lie,  accompanied  by  such  certificate  as  aforesaid,  and 
hy  an  affidavit  of  some  officer  of  the  company  that  such 
owner  is  so  absent,  or  that,  after  diligent  inquiry,  the  owner 

on 


cnown . 


234 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


Provision 
when  the 
County  Judge 
is  interested 
in  lands  re- 
quired for  any 
railway. 


Party  not  ac- 
cepting the 
company's 
offer,  and  not 
appointing  an 
arbitrator. 


Appointment 
of  arbitrator 
by  opposite 
party. 
Third, 
arbitrator. 


Party  other 
than  company 
commencing 
proceedings 
to  determine 
compensation. 


Stating 
amount  found 
payable  in 
award. 


Duties  of 
arbitrators. 


on  whom  the  notice  ought  to  be  served  cannot  be  ascer- 
tained, the  Judge  shall  order  a  notice  as  aforesaid,  but 
without  such  certificate,  to  be  inserted  three  times  in  the 
course  of  one  month  in  some  newspaper  published  in  the 
said  .county. 

(4)  Where  a  Judge  of  a  County  Court  is  interested  in 
lands  taken  or  required  within  the  county  in  which  he  is  a 
Judge,  by  any  company,  for  railway  purposes,  a  Judge  of 
the  High  Court  shall,  on  application  of  the  company,  exer- 
cise in  such  case  all  the  powers  given  to  a  J udge  of  a  County 
Court  by  the  provisions  of  this  section  in  cases  in  which  such 
Judge  of  a  County  Court  is  not  interested. 

(5)  If  within  ten  days  after  the  service  of  the  notice,  or 
within  one  month  after  the  first  publication  thereof  as 
aforesaid,  the  person  served  does  not  notify  the  com- 
pany of  his  acceptance  of  the  sum  offered  by  it,  or  notify 
it  of  the  name  of  a  person  whom  he  appoints  as  arbitra- 
tor, the  Judge  shall,  on  the  application  of  the  company, 
appoint  an  Ontario  Land  Surveyor,  to  be  sole  arbitrator  for 
determining  the  compensation  to  be  paid  as  aforesaid. 

(6)  If  the  opposite  party  within  the  time  aforesaid, 
notifies  the  company  of  the  name  of  his  arbitrator,  the  two 
arbitrators  shall  jointly  appoint  a  third,  or  if  they  cannot 
agree  upon  a  third,  the  Judge  shall,  on  the  application  of 
the  party  or  of  the  company  (previous  notice  of  at  least  one 
clear  day  having  been  given  to  the  other  party),  appoint  a 
third  arbitrator. 

(7)  If  lands  have  been  entered  on  and  taken  by  the  com- 
pany with  or  without  the  license  of  the  person  in  posses- 
sion thereof  and  without  any  agreement  as  to  the  com- 
pensation to  be  paid  therefor  or  if  the  lands,  though  not 
taken,  are  injuriously  affected  by  or  through  the  construc- 
tion of  the  railway,  any  owner  or  person  interested  in 
such  lands  shall  have  the  right  to  commence  proceedings 
to  ascertain  the  compensation  to  which  he  is  entitled  in 
respect  of  the  lands  so  taken  or  injuriously  affected,  by 
giving  to  the  company  notice  in  writing  of  the  name  of 
a  person  to  be  appointed  as  his  arbitrator,  the  description 
of  the  lands  taken  or  injuriously  affected,  and  the  amount 
of  compensation  or  damages  claimed  by  him,  and  there- 
upon like  proceedings  shall  be  taken  to  ascertain  such 
compensation  as  are  prescribed  in  cases  where  the  company 
commences  proceedings. 

(8)  The  arbitrators,  besides  awarding  to  the  owner  the 
amount  which  they  find  to  be  the  value  of  the  land,  shall 
state  what  they  find  to  be  the  total  amount  to  be  paid  to 
compensate  the  owner  or  for  damages. 

(9)  The   arbitrators,  or   any   two  of  them,  or  the  sole 
arbitrator,  being    sworn    before  a  Justice    of    the  Peace 
or   commissioner    empowered   to    take   affidavits,  faith- 
fully 


1906. 


RAILWAYS. 


Chap.  30  235 


fully  and  impartially  to  perform  the  duties  of  their  office, 
shall  proceed  to  ascertain  the  compensation  in  such  a  way 
as  they  or  he,  or  a  majority  of  them,  deem  best;  but  no 
award  shall  be  made  or  any  official  act  be  done  by  the 
majority,  except  at  a  meeting  held  at  a  time  and  place  of 
which  the  other  arbitrator  has  had  at  least  one  clear  day's 
notice,  or  to  which  some  meeting  at  which  the  third  arbi- 
trator was  present,  had  been  adjourned;  and  no  notice 
to  either  of  the  parties  shall  be  necessary,  but  each  party  * 
shall  be  held  sufficiently  notified  through  the  arbitrator 
appointed  by  him,  or  whose  appointment  he  required. 

(10)  In  any  arbitration  under  this  Act  the  costs  of  the  costs,  in 
arbitration  shall  be  in  the  discretion  of  the  arbitrator  or  arbitrators0* 
arbitrators  and  if  they  are  to  be  borne  by  the  opposite 

party  to  the  company  may  be  deducted  from  the  compen- 
sation awarded,  and  in  any  case  they  may  if  not  agreed 
upon  be  fixed  by  the  arbitrator  or  arbitrators  or  taxed 
by  one  of  the  taxing  officers  of  the  Supreme  Court  of  Judi- 
cature. 

(11)  The  arbitrators,  or  a  majority  of  them,  or  the  sole  Arbitrators 
arbitrator,   may  examine  on  oath  or  solemn  affirmation  on  oath, 
the  parties,  or  such  witnesses  as  appear  before  him  or  them, 

and  may  administer  such  oath  or  affirmation. 

(12)  Any  party  to  an  arbitration  under  this  Act  may,  ^"rations 
without  leave  or  order,  obtain  and  issue  out  of  the  High  may  obtain 
Court,  upon  praecipe,  setting  forth  the  names  of  the  wit- subpoenas- 
nesses  to  be  subpoenaed,  the  names  of  the  arbitrators,  and 

the  place  and  time  of  meeting,  a  subpoena  commanding 
the  attendance  for  examination  of  any  witness,  and  also 
the  production  of  any  document  to  or  before  the  arbitra- 
tor or  arbitrators,  and  at  the  time  and  place  mentioned  in 
such  subpoena ;  and  the  disobedience  of  such  subpoena  shall  Disobedience 
be  deemed  a  contempt  of  court,  and  shall  be  punishable  contempt  of 
in  the  same  manner  and  to  the  like  extent  as  in  the  case  Court- 
of  subpoenas  issued  in  a  civil  case. 

(13)  The  like  fees  shall  be  payable  for  such  subpoenas  Fees  and  con- 
as  in  the  case  of  subpoenas  issued  in  civil  cases,  and  the duct  money- 
witnesses  shall  be  entitled  to  the  like  conduct  money. 

(14)  The  evidence  shall  be  taken  down  in  writing,  and  ^idence  to  be 
after  making  their  award  the  arbitrators  shall  forthwith  de-  writing, 
liver  or  transmit  by  registered  letter,  at  the  request  of  either 

party  in  writing  the  depositions,  together  with  the  exhibits  transmuted  to 
referred  to  therein,  and  all  papers  connected  with  the  refer-  central  office, 
ence,  except  the  award,  to  the  central  office  of  the  High 
Court  of  Justice  with  the  proper  stamps  (which  shall  be  fur- 
nished by  the  party  making  the  request)  to  be  filed  with 
the  Records  of  the  Court. 

(15)  The  Judge  by  whom  a  third  arbitrator  or  sole  arbi-  ^^wird 
trator  is  appointed,  shall,  at  the  same  time,  fix  a  day  on  must  be  made, 
or  before  which  the  award  shall  be  made. 

(16) 


236 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


Arbitrator 
dying,  etc. 


When  proceed 
ings  may  be 
abandoned. 


Awards  not 
voided  for 
want  of  form. 


Parties  to  ar- 
bitration may 
appeal  to  a 
Judge  of  the 
High  Court. 


Practice  and 
proceedings 
upon  appeal. 


Kxisting  prac- 
tice as  to  set- 
ting aside 
awards  con- 
tinued. 

Possession 
may  be  taken 
on  payment  or 
tender,  etc.,  of 
sum  awarded. 


(16)  If  the  arbitrator  appointed  by  the  Judge,  or  if  any 
arbitrator  appointed  by  the  parties,  dies  before  the  awaid 
has  been  made,  or  is  disqualified,  or  refuses  or  fails  to  act 
within  a  reasonable  time,  or  refuses  or  neglects  to  make 
his  award  within  the  time  fixed,  then,  in  the  case  of  the 
arbitrator  appointed  by  the  Judge,  upon  the  application  of 
either  party,  such  Judge  being  satisfied  by  affidavit  or 
otherwise  of  such  death,  disqualification,  refusal  or 
failure,  may  appoint  another  arbitrator  in  his  place,  and 
the  company  and  party  respectively  may  each  appoint  an 
arbitrator  in  the  place  of  his  arbitrator  deceased  or  not 
acting  as  aforesaid,  but  no  recommencement  or  repetition 
of  prior  proceedings  shall  be  required  in  any  case,  pro- 
vided that  the  proceedings  may  be  commenced  de  novo  if 
the  majority  of  the  arbitrators  so  order. 

(17)  Any  notice  given  or  proceedings  commenced  may 
prior  to  the  making  of  the  award  be  abandoned  and  new 
notice  given,  with  regard  to  the  same  or  other  lands,  io 
the  same  or  any  other  party,  but  in  such  case,  the  lia- 
bility to  the  party  first  notified  for  all  damages  or  costs  by 
him  incurred  in  consequence  of  the  giving  of  the  first 
notice  shall  continue ;  provided,  however,  that  the  right 
to  abandon  proceedings  shall  not  be  exercised  more  than 
once. 

(18)  No  award  made  as  aforesaid  shall  be  invalidated  by 
reason  of  any  want  of  form  or  other  technical  objection, 
if  the  requirements  of  this  Act  have  been  complied  with, 
and  if  the  award  states  clearly  the  sum  awarded,  and  the 
lands  or  other  property,  right  or  thing  for  which  such 
sum  is  to  be  the  compensation ;  nor  shall  it  be  necessary 
that  the  person  or  persons,  to  whom  the  sum  is  to  be  paid, 
be  named  in  the  award. 

(19)  Any  party  to  the  arbitration  may,  within  one 
month,  after  receiving  a  written  notice  from  one  of  the 
arbitrators  of  the  making  of  the  award,  appeal  therefrom 
upon  any  question  of  law  or  fact  to  a  Judge  of  the  High 
Court  and  upon  the  hearing  of  the  appeal  the  Judge  shall, 
if  the  same  is  a  question  of  fact,  decide  the  same  upon 
the  evidence,  as  in  a  case  of  original  jurisdiction. 

(20)  Upon  such  appeal  the  practice  and  proceedings  shall 
be,  as  nearly  as  may  be,  the  same  as  upon  an  appeal  from 
an  Official  Referee  under  The  Arbitration  Act,  subject  to 
any  General  Rules  or  Orders  to  be  from  time  to  time 
made  under  The  Judicature  Act. 

(21)  The  right  of  appeal  hereby  given  shall  not  affect 
(lie  existing  law  or  practice  as  to  setting  aside  awards. 

(22)  Upon  payment  or  legal  tender  of  the  compensation 
or  annual  rent  so  awarded  or  agreed  upon  as  aforesaid  to 
the  person  entitled  to  receive  the  same,  or  upon  the  deposit 
of  the  amount  of  such  compensation  in  the  manner  here- 
inafter mentioned,  the  award  or  agreement  shall  vest  in 

thn 


190(5. 


RAILWAYS. 


Chap.  30 


237 


the  company  the  power  forthwith  to  take  possession  of  the 
lands,  or  to  exercise  the  right,  or  to  do  the  thing  for  which 
such  compensation  or  annual  rent  has  been  awarded  or 
agreed  upon ;  and  if  any  resistance  or  forcible  opposition 
is  made  by  any  person  to  their  so  doing,  the  Judge  of  the 
county  in  which  the  lands  lie,  or  any  Judge  of  the  High 
Court  of  Justice  may,  on  proof  to  his  satisfaction  of  such  v 
award  or  agreement,  issue  his  warrant  to  the  sheriff  of  the 
district  or  county,  as  he  may  deem  most  suitable,  to  put  the 
company  in  possession,  and  to  put  down  such  resistance  or 
opposition,  which  the  sheriff,  taking  with  him  sufficient 
assistance,  shall  accordingly  do. 

(23)  The  warrant  may  also   be  granted  by  such  Judge  when  warrant 

.  ,       ,     -  J  /*»!''•  i  *  P    of  possession 

without  the  award  or  agreement,  on  athdavit  to  his  satis- may  issue 
faction  that  the   immediate  possession  of  the  lands  or  of bef ore  award ■ 
the  power  to  do  the  thing  mentioned  in  the  notice,  is  ne- 
cessary to  carry  on   some  part  of  the  railway  with  which 
the  company  is  ready  forthwith  to  proceed. 

(24J  The  -Judge  shall  not  grant  any  warrant  under  the  procedure 
next  preceding  subsection,  unless  ten  days'  previous  notice  tionnfOTsucCh" 
of  the  time  and  place  when  and  where  the  application  forwarrant- 
such  warrant  is  to  be  marie  has  been  served  upon  the  owner 
of  the  land  or  the  person  empowered  to  convey  the  land 
or  interested  in   the  land  sought  to  be  taken,  or  which 
may  suffer  damage  from  the  taken  ot'  materials  sought 
to  be  taken,  or  the  exercise  of  the  powers  sought  to  be  ex- 
ercised, or  the   doing  of  the  thing  sought  to  be  done,  by 
the  company;  and  unless  the  company  gives  security  to 
his  satisfaction  by  payment  into  court  of  a  sum  in  his  esti- 
mation sufficient  to  cover  the  probable  compensation  and  Deposit  of 
costs  of  the  arbitration,  and  not  less  than  double  the  amount compensatlon' 
mentioned  in  the  notice  served  under  subsection  (1)  of 
this  section. 

(25)  The  costs  of  any  such  application   to,  and  of  any  costs  of 
such  hearing  before,   the  judge,  shall  be  in  the  discretion apphcatIon' 
of  the  Judge,  and  no  part  of  such  deposit  or  of  any  inter- 
est thereon  shall  be  repaid,  or  paid  to  such  compauy,  or  paid 

to  such  owner  or  party,  without  an  order  from  the  judge, 
which  he  may  make  in  accordance  with  the  terms  of  .  the 
award 

(26)  The  compensation   for   any   lands   which   may  be  when  com- 
taken  without  the  consent  of  the  owner  shall  stand   in  stand  in  the 
the  stead  of  such  lands;  and  any  claim  to  or  incumbrance  ,p^eof  the 
upon  the  said   lands,  or   any    portion    thereof,  shall,  as 
against  the  company,  be  converted  into  a  claim  to  the  com- 
pensation, or  to   a  like    proportion    thereof  and   it  shall 

be  responsible  accordingly  whenever  it  has  paid  the 
compensation,  or  any  part  thereof,  to  a  party  not  entitled 
to  receive  the  same,  s  iving  always  its  recourse  against  such 
party. 

(27) 


238  Chap.  30. 


RAILWAYS. 


6  E.lvv.  VII 


Astoincum-  (27)  If  the  company  lias  reason  to  fear  any  claim  or 
uponTanls^''  incumbrance,  or  if  any  person  to  whom  compensation  or 
orCt'akenChased  annua^  rent>  or  ariy  Part  thereof  is  payable,  refuses  to 
execute  the  proper  conveyance  and  guarantee,  or  if  the  per- 
son entitled  to  claim  the  same  cannot  be  found,  or  is  un- 
known to  the  company,  or  if  for  any  other  reason  the  com- 
pany deems  it  advisable,  the  company  may,  by  leave  of  a 
Judge  of  the  High  Court  of  Justice,  pay  the  compensation 
into  the  office  of  the  Accountant  of  the  Supreme  Court  of 
Judicature,  together  with  interest  i  hereon  for  six  months, 
and  with  such  further  sum  if  such  Judge  so  directs  as 
may,  in  the  opinion  of  such  Judge,  be  sufficient  to  cover 
the  expenses  of  advertising  and  the  costs  that  may  be 
incurred  in  consequence  of  such  payment  into  Court,  and 
may  deliver  to  the  said  Accountant  an  authentic  copy  of 
the  conveyance,  or  ot  the  award  or  agreement  if  there  be 
no  conveyance,  and  such  award  or  agieement  shall  there- 
after be  deemed  to  be  the  title  of  the  company  to  the  land 
therein  mentioned. 

to  be'pub-106  (28)  A  notice,  in  such  form  and  for  such  time  as  a  Judge 
hshed.  Q£  j.Re  High  Court  may  order  shall  be  inserted  in  some 

newspaper  if  there  is  any  published  in  the  county  in  which 
the  lands  are  situated,  which  shall  state  that  the  title  of  the 
company,  that  is,  the  conveyance,  agreement  or  award, 
is  under  this  Act,  and  shall  call  upon  all  persons  entitled 
to  the  land,  or  to  any  part  thereof,  or  representing  any 
persons  so  entitled,  to  file  their  claims  to  the  compensation 
or  any  part  thereof,  and  all  such  claims  shall  be  received 
and  adjudicated  upon  by  the  Court,  and  the  said  proceed- 
ings shall  forever  bar  all  claims  to  the  lands,  or  any  part 
thereof,  including  dower,  as  well  as  all  mortgages  and  en- 
cumbrances upon  the  same ;  and  the  Court  shall  make  such 
order  for  the  distribution,  payment  or  investment  of  the 
compensation,  and  for  the  securing  of  the  rights  of  all 
parties  interested  as  may  be  proper. 

Bywhomcosts     (29)  The  costs  of  such  proceedings  shall  be  raid  bv  such 

to  be  paid.  r\  l 

party  as  the  Oourt  may  order, 
when  interest      (30)  If  such  order  of   distribution  as  aforesaid  is  ob- 

to  be  returned 

to  or  paid  by  tained  in  less  than  six  months  from  the  payment  of  the 
t. if  company.  compensafcion  }nt0  Court,  the  Court  shall  direct  a  propor- 
tionate part  of  the  interest  to  be  returned  to  the  company  ; 
and  if  from  any  error,  fault  or  neglect  of  the  company, 
is  not  obtained  until  after  the  six  months  have  expired, 
the  Court  shall  order  the  company  to  pay  to  the  proper1 
claimants  the  interest  for  such  further  period  as  may  be 
right. 

Gravel  Pits,  etc. 

Acquiring  69. — (1)  When  stone,  gravel,  earth,  sand   or  water  is  or 

contraction    are  required   for  the  construction  or  maintenance  of  the 
railway  or  any  part  thereof,  the  company  may  in  case  it 

cannot 


1906. 


RAILWAYS. 


Chap.  30  239 


cannot  agree  with  the  owner  of  the  lands  on  which  the 
same  are  situate  for  the  purchase  thereof,  cause  an  Ontario 
land  surveyor  to  make  a  map  and  description  of  the  pro- 
perty so  required,  and  it  shall  serve  a  copy  thereof, 
with  its  notice  of  arbitration,  as  in  case  of  acquiring 
the  roadway,  and  the  notice  of  arbitration,  the  award  and 
the  tender  of  compensation  shall  have  the  same  effect  as 
in  case  of  arbitration  for  the  roadway,  and  all  the  provi-  v 
sions  of  this  Act,  as  to  the  service  of  the  said  notice,  ar- 
bitration, compensation,  deeds,  payment  of  money  into 
court,  the  right  to  sell,  the  right  to  convey,  and  the  parties 
from  whom  the  land  may  be  taken,  or  who  may  sell,  shall 
apply  to  the  subject  matter  of  this  section,  as. to  the  ob- 
taining materials  as  aforesaid,  and  such  proceedings  may 
be  had  by  the  company  either  for  the  right  to  the  fee 
simple  in  the  land  from  which  said  materials  shall  be 
taken,  or  for  the  right  to  take  materials  for  any  time  it 
shall  think  necessary,  the  notice  of  arbitration,  in  case 
arbitration  is  resorted  to,  to  state  the  interest  required. 

(2)  When  said  gravel,  stone,  earth,  sand  or  water  siding  to 
shall  be  taken  under  the  preceding  subsection  of  this  section  Kravel  pit- 
at  a  distance  from  the  line  of  the  railway  the  company  may 
lay  down  the  necessary  sidings  and  tracks  over  any 
lands  which  may  intervene  between  the  railway  and  the 
lands  on  which  said  materials  shall  be  found,  whatever 
the  distance  may  be;  and  all  the  provisions  of  this  Act, 
except  such  as  relate  to  filing  plans  and  publication  of 
notice,  shall  apply  and  may  be  used  and  exercised  to  ob- 
tain the  right  of  way  from  the  railway  to  the  land  on 
which  such  materials  are  situated,  and  such  right  may  be 
so  acquired  for  a  term  of  vears  or  permanently  as  the  com- 
pany may  think  proper,  and  the  powers  in  this  and  the 
preceding  section  may  at  all  times  be  exercised  and  used 
in  all  respects  after  the  railway  is  constructed  for  the 
purpose  of  repairing  and  maintaining  the  said  railway. 

Switches  and  Sidings  to  Industries. 

70. — (1)  In  case  the  council  of  a  municipality  by  by-law  Expropriation 
declares  that  it  is  desirable  and  expedient  that  an  elevator  $munici-nt 
or  manufactory  or  other  industry  or  business  should  have  Paljty  ln 

.,.  A  ,    .  -1  j.    j.i  •  «        i  certain  eases. 

a  siding  or  switch  from  any  railway  to  the  premises  of  such 
elevator,  manufactory,  industry  or  business,  and  that 
the  company  should  have  powers  of  expropriation 
for  the  purpose  of  securing,  within  the  limits  of 
the  municipality,  the  necessary  right  of  way  for 
that  purpose  as  set  forth  in  the  by-law,  and  if 
the  Board  certifies  that  the  building  of  the  proposed  siding 
or  switch  across  the  lands  as  set  forth  in  the  by-law  will 
be  for  the  advantage  or  convenience  of  the  public,  the 
company,  upon  the  registration  by  the  council  of  the  by- 
law and  certificate  in  the  proper  Registry  Office,  shall  in 

respect 


240         Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


Proviso. 


Tracks,  etc., 
not  to  be  used 
for  other 
purposes. 


respect  of  the  said  lands,  possess  the  powers  of  expropria- 
tion conferred  by  this  Act.  Provided,  however,  that  no 
such  by-law  shall  be  passed  by  the  council  of  any  munici- 
pality until  all  owners  of  lands,  across  which  the  proposed 
siding  or  switch  is  to  run,  have  had  at  least  one  week's 
previous  notice  in  writing  of  the  time  when  such  by-law 
is  to  be  considered  by  the  said  council. 

(2)  The  tracks  of  the  sidings  or  switches  constructed  or 
laid  by  the  company  under  this  section  shall  not  be 
used  for  any  purpose  other  than  for  the  purposes 
mentioned,  except  by  leave  of  the  Board  and  subject  to 
such  terms  and  conditions  as  the  Board  sees  fit  to  impose. 


When  com- 
pany may 
purchase 
whole  of  any 
lot  of  land 
traversed. 


Purchase  of  More  Land  than  Necessary . 

71.  Whenever  the  company  can  purchase  a  larger  quan- 
tity of  land  from  any  particular  owner  at  a  more  reasonable 
price,  on  the  average,  or  on  more  advantageous  terms,  than 
it  could  obtain  the  portion  thereof  which  it  may  take  from 
him  without  his  consent,  it  may  purchase  such  larger 
quantity,  and  upon  such  purchase  may  sell  and  dispose  of 
any  part  thereof  which  may  be  unnecessary  for  the  under- 
taking. 

Snow  Fences,  Etc. 

72.  Every  company  may,  on  and  after  the  first  day  of 
November,  in  each  year,  enter  into  and  upon  any  lands 
of  His  Majesty,  or  of  any  person,  lying  along  the  route 
or  line  of  the  railway,  and  may  erect  and  maintain  snow 
fences  thereon,  subject  to  the  payment  of  such  damages,  if 
any,  as  are  thereafter  established,  in  the  manner  provided 
by  this  Act,  to  have  been  actually  suffered ;  but  every  snow 
fence  so  erected  shall  be  removed  on  or  before  the  first  day 
of  April  then  next  following. 

Use  of  Adjacent  Lands  During  Construction. 

use  of  lands        73.  The  company,  either  for  the  purpose  of  construct- 
or way'dudng1  in&  or  repairing  its  railway  or  for  the  purpose  of  carrying 
construction     out  the  requirements  of  the  Board,  or  in  the  exercise  of 
railway.         the  powers  conferred  upon  it  by  the  Board,  may  enter 
upon  any  land  which  is  not  more  than  six  hundred  feet 
distant  from  the  centre  of  the  located  line  of  the  railway, 
and  may  occupy  the  said  land  as  long  as  is  necessary  for 
the  purposes  aforesaid;  and  all  the  provisions  of  law  at 
any  time  applicable  to  the  taking  of  land  by  the  company, 
and  its  valuation,  and  the  compensation  therefor,  shall 
apply  to  the   case  of   any  land  so  required;  but  before 
entering  upon  any  land  for  the  purposes  aforesaid,  the 
company  shall,  in  case  the  consent  of  the  owner  is  not  ob- 
tain oil. 


Erection  of 
8nowLfences. 


Compensa- 
ton. 


Removal. 


1906. 


RAILWAYS. 


Chap.  30  241 


tained,  pay  into  Court,  such  sum,  with  interest  thereon  Deposit  where 
for  six  months,  as  is,  after  two  clear  days'  notice  to  the  °w°?^dot* 
owner  of  the  land,  or  to  the  person  empowered  to  convey  0  me 
the  same,  or  interested  therein,  fixed  by  a  judge  of  the 
High  Court.    Such  deposit  shall  be  retained  to  answer  any* 
compensation  which  may  be  awarded  the  person  entitled 
thereto,  and  may  upon  order  of  a  judge  of  such  court,  be 
paid  out  to  such  person  in  satisfaction  pro  tanto  of  such  ££™pensa~ 
award;  the  surplus,  if  any,  thereafter  remaining  shall  by  v 
order  of  the  judge,  be  repaid   to  the  company,  and  any 
deficiency  therein  to  satisfy  such  award  shall  be  forth- 
with paid  by  the  company  to  the  person  entitled  to  com- 
pensation under  such  award. 

Proceedings  where  more  ample  space  is  required. 

74. — (1)  Should  the  company  require,  at  any  point  on  where  more 
the  railway,  more  ample  space  than  it  then  possesses  or  remuired.ace' 
may  take  under  this  Act,  for  the  convenient  accommoda- 
tion of  the  public,  or  the  traffic  on  its  railway,  or  for  pro- 
tection against  snowdrifts,  it  may  apply  to  the  Board  for 
authority  to  take  the  same,  for  such  purposes,  without  the 
consent  of  the  owner. 

(2)  The  company  shall  give  ten  day's  notice  of  such  ap-  Procedure 
plication  to  the  owner  or  possessor  of  such  lands,  and  shall thereon- 
furnish  copies  of  such  notices,  with  affidavits  of  the  ser-  Notice, 
vice  thereof,  to  the  Board  upon  such  application. 

(3)  The  company,  upon  such  application,  shall  also  fur-  ^^must 
nish  to  the  Board,  in  duplicate, —  include. 

(a)  A  plan,  profile  and  book  of  reference  of  the  portion  of 
the  railway  affected,  showing  the  additional  lands  requir- 
ed, and  certified  as  provided  in  section  59  of  this  Act. 

(b)  An  application,  in  writing,  for  authority  to  take  such 
lands,  certified  and  signed  by  any  of  the  officers  mentioned 
in  subsection  9  of  section  59  of  this  Act,  referring  to  the 
plan,  profile  and  book  of  reference,  specifying  definitely 
and  in  detail  the  purposes  for  which  each  portion  of  the 
lands  are  required,  and  the  necessity  for  the  same,  and 
showing  that  no  other  land  suitable  for  such  purposes  can 
be  acquired  at  such  place  on  reasonable  terms  and  with  less 
injury  to  private  rights. 

(4)  After  the  time  stated  in  the  aforementioned  notices,  Authority 
and  the  hearing  of  such  parties  interested  as  may  appear, from  Board- 
the  Board  may,  in  its  discretion,  and  upon  such  terms  and 
conditions  as  the  Board  deems  expedient,  authorize  in 
writing  the  taking,  for  the  said  purposes,  of  the  whole  or 

any  portion  of  the  lands  applied    for.     Such  authority 
shall  be  executed  in  duplicate,  one  to  be  filed  with  the  qH^1  with 
plan,  profile,  book  of  reference,  application  and  notices 
16  s.  with 


242 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


Deposit  with 
registrar  of 
deeds. 


Sections  of 
Act  to  apply 

Exceptions. 


with  the  Board,  and  the  other,  with  the  duplicate  plan, 
profile,  book  of  reference  and  application,  to  be  delivered 
to  the  company. 

(5)  Such  duplicate  authority,  plan,  profile,  book  of  re- 
ference and  application,  or  copies  thereof  certified  as  such 
by  the  Secretary  shall  be  deposited  with  the  registrars  of 
deeds  of  the  districts  or  counties,  respectively,  in  which 
such  lands  are  situate. 

(6)  All  the  provisions  of  this  Act  applicable  to  the  taking 
of  lands  for  the  right  of  way,  or  main  line,  of  the  railway 
without  the  consent  of  the  owner  of  such  lands,  shall  ap- 
ply to  the  lands  authorized  to  be  taken  under  this  section. 


CONSTRUCTION  OF  THE  RAILWAY. 


Gauge. 


Gauge. 


75.  The  tracks  of  every  railway  and  street  railway,  the 
construction  of  which  railway  or  street  railway  shall  be 
commenced  after  the  coming  into  force  of  this  Act,  shall 
be  of  the  standard  gauge  of  four  feet  eight  and  one-half 
inches,  unless  the  Board  upon  the  application  of  tne 
railway  or  street  railway  company  about  to  commence  con- 
struction as  aforesaid  shall  otherwise  order. 


Trains,  Cars  and  Appliances. 


Communica- 
tion with 
engine  driver. 


Brakes. 


On  trains 
carrying 
passengers 
the  brakes 
must— 

Be(  continuous 
and  instan- 
taneous. 


Be  self-apply- 
ing in  case  of 
accident. 


Couplers. 


76. — (1)  In  all  trains  there  shall  be  an  apparatus  or 
appliance  to  provide  immediate  communication  between 
the  conductor  while  in  any  car  of  any  passenger  train, 
and  the  engine  driver  or  motor  man. 

(2)  All  brakes  shall  be  of  such  design  and  construction 
as  to  check  at  will  the  speed  of  the  train,  and  bring  the 
same  safely  to  a  standstill,  as  expeditiously  as  possible, 
and  on  all  the  trains  carrying  passengers  the  system  of 
brakes  shall  comply  with  the  following  requirements  :  — 

(a)  The  brakes  shall  be  continuous  and  must  be  in- 
stantaneous in  action,  and  capable  of  being  applied  at 
will  by  the  motor  man,  engine  driver,  conductor  or  brake- 
man  ; 

(b)  The  brake  must  be  self-applying  in  the  event  of 
any  failure  in  the  continuity  of  its  action ; 

(3)  All  couplers  shall  be  such  as  to  securely  couple  and 
connect  the  cars  composing  the  train,  and  to  attach  the 
engine  or  locomotive  to  such  train,  automatically  by  im- 
pact, and  which  can  be  uncoupled  without  the  necessity 
of  men  going  in  between  the  ends  of  the  cars; 

I6as.  (4) 


190G. 


If  All. WAYS . 


Chap.  30 


243 


(4)  All  box  freight  cars  of  the  company  built  after  the^^|ht 
passing  of  this  Act,  shall  be  equipped  with  the  following  f;ir^Ie^defcith 
attachments  for  the  security  of  railway  employees :  — 

(a)  Outside  ladders,  on  two  of  the  diagonally  opposite 
ends  and  sides  of  each  car,  projecting  below  the  frame  of 
the  car,  with  one  step  or  rung  of  the  ladder  below  the 
frame,  the  ladders  being  placed  close  to  the  ends  and  sides 
to  which  they  are  attached ; 

(b)  Hand  grips  placed  anglewise  over  the  ladders  of 
each  box  car  and  so  arranged  as  to  assist  persons  in  climb- 
ing on  the  roof  by  means  of  the  ladder. 

(5)  All  cars  built  prior  to  the  passing  of  this  Act  shall  ^ulp^aVith 
be  fitted  with  such  attachments  before  the  first  day  of  J  an-  side  attach- 
uary,  1907,  provided  that,  if  there  is  at  any  time  any  1907! s  e° 
other  improved  side  attachment  which,  in  the  opinion  of 

the  Board,  is  better  calculated  to  promote  the  safety  of  the 
train  hands,  then  the  Board  may  require  any  of  such  cars 
not  already  fitted  with  the  side  attachments  first  men-  ■ 
tioned,  to  be  fitted  with  the  said  improved  attachment. 

(6)  Every  company  shall  adopt  and  use  upon  all  its  roll-  ^rea'whbars 
ing  stock  such  height  of  draw-bars  as  the  Board  determines 

in  accordance  with  any  standard  from  time  to  time  adopt- 
ed by  competent  railway  authorities. 

(7)  Every  passenger,  baggage,  mail  and  express  car,  safeguards  '-■ 

l  •  l     •  j  i     1  i  "i  ■      ji  •    against  fire  in  I 

wlncn  is  owned  or  regularly  used  on  any  railway  m  this  cars. 
Province,  in  which  heating  apparatus  may  be  placed,  shall 
be  provided  with  such  safeguards  against  fire  as  the  board 
in  writing  shall  from  time  to  time  approve. 

(8)  Every  company  shall  provide  and  cause  to  be  used  Train 

on  all  trains  such  modern  and  efficient  locomotives,  motors,  be  provided 
cars  and  carriages,  apparatus,  appliances  and  means  as  may 
be  required  or  ordered  by  the  Board,  and  the  company  shall 
alter  such  locomotives,  motors,  cars  and  carriages,  appara- 
tus, appliances  and  means  or  renew  the  same  from  time  to 
time  as  the  Board  may  order. 


(9)  Every  company  which  fails  to  comply  with  any  of  the  penalty  for 
provisions  of  this  section,  shall  forfeit  to  His  Majesty,  a  p^nc0™" 
sum  not  exceeding  two  hundred  dollars,  for  every  day 
during  which  such  default  continues,  and  shall,  as  well, 
be  liable  to  pay  to  all  such  persons  as  are  injured  by  rea- 
son of  the  non-compliance  with  these  provisions,  or  to 
their  representatives,  such  damages  as  they  are  legally  Dama^es 
entitled  to,  notwithstanding  any  agreement  to  the  con_  Agreements  to 
trary  with  regard  to  any  such  person  :  Provided  however  contrary 
that  no  proceedings  shall  be  instituted  to  enforce  or  re- mva  1 
cover  any  forfeiture  to  His  Majesty  hereunder  without  proseraUon. 
the  consent  of  the  Board  first  obtained. 

77 


244 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


to°ha™e°bens       77.  Every  locomotive,  engine   and    electric  locomotive 
or  whistles.      shall  be  furnished  with  a  bell  of  at  least  thirty  pounds 
weight  or  with  a  steam  or  air  whistle. 

whistles"*1  ^veiT  car  which  contains  a  motor  or  which  runs  at 

the  head  of  a  train  shall  be  furnished  with  a  gong,  to  be 
approved  by  regulation  of  the  Board,  or  with  an  air  whistle. 


Protection  of 
conductors  and 


79. — (1)  All  cars  in  use  for  the  transportation  of  pas- 
motormen.  sengers  in  November,  December,  January,  February,  March 
and  April  in  each  year,  which,  while  in  motion,  require  the 
constant  care  or  service  of  a  motorman  upon  the  platforms 
of  the  car  or  upon  one  of  them,  shall  have  their  platforms 
so  enclosed  as  to  protect  the  motormen  from  exposure  to 
wind  and  weather  in  such  manned  as  the  Board  shall  ap- 
prove. 

(2)  All  companies  operating  their  cars  without  rear  end 

vestibules  shall  allow  the  conductors  employed  on  such 
cars  to  stand  inside  the  cars  so  far  as  is  consistent  with 
the  proper,  performance  of  their  duties  during  the  said 
period. 

(3)  Every  motor  car  built  after  the  passing  of  this  Act 
designed  for  carrying  passengers  upon  a  railway  operated 
by  electricity  shall  be  so  constructed  that  the  motorman 
having  the  control  of  the  motive  power  shall  be  stationed 

in  a  compartment  into  which  no  person  shall  be  admitted 
save  the  officers  or  employees  of  the  company  on  duty,  and 
no  person  other  than  such  officers  or  employees  shall  be  per- 
mitted to  occupy  any  portion  of  such  compartment  or  vesti- 
bule. 

(4)  Any  company  offendino:  against  the  provisions  of 
this  section  shall  be  liable  to  a  penalty  of  one  hundred  dol- 
lars for  each  offence  and  any  person  offending  against  the 
provisions  of  this  section  is  liable  on  summary  conviction  to 
a  fine  of  not  less  than  two  dollars  nor  more  than  fifty  dollars 
or  imprisonment  for  not  more  than  one  month  with  or  with- 
out hard  labour  or  both. 

(5)  This  section  shall  only  apply  to  railways  operated  by 
electricity,  and  street  railways. 


Power  to 


80.  The  Board  may  by  order  applicable  either  generally 
mentsyofreqUir  or  *n  one  °*  more  particular  cases,  alter  or  modify,  any  of 
sections  76-79.  the  requirements  of  sections  76  to  79  hereof. 

stopping  81.  Railways  operated  by  electricity  shall  stop  at  such 

places.  places  in  addition  to  those  fixed  by  the  by-laws  or  regu- 

lations of  the  company  as  the  Board  may  from  time  to  time 
by  resolution  direct  and  order. 

82. 


1906. 


RAILWAYS. 


Chap.  30 


24.') 


82. — (1)  Open  or  summer  cars,  constructed  after  the 
first  day  of  January,  1907,  for  use  upon  a  railway  oper- 
ated by  electricity  or  upon  a  street  railway  snail  be  so 
arranged  or  constructed  that  the  seats  for  passengers  will 
face  the  front  of  the  car  when  in  motion,  and  an  a^sle  suf- 
ficiently wide  to  allow  the  passage  of  the  conductor  shall  be 
provided  in  every  such  car. 


(2)  The  side  steps  on  such  cars  shall  be  so  constructed,  if  side»?tePs 
practicable,  that  passengers  will  be  prevented  from  stand- 
ing upon  the  same  while  the  car  is  in  motion. 


(3)  This  section  shall  apply  only  to  railways  and  street  £pp^' 
railways  not  yet  constructed  and  to  railways  and  street 
railways  already  constructed  where  the  space  between  the 
tracks  commonly  called  the  devil  strip  is,  in  the  opinion 
of  the  Board,  sufficiently  wide  to  allow  the  cars  to  be  con- 
structed as  provided  in  subsection  1  of  this  section. 


(4)  In  all  cases  of  dispute  between  a  railway  or  street  ^f"<jebyt0  be 
railway    company  and    a  municipal    corporation  or    any  Board, 
person  making  complaint  to  the  Board  as  to  sufficiency  of 

width,  practicability  of  construction  of  cars  or  as  to  any 
other  matter  or  thing  referred  to  in  this  section,  the  Board 
shall  be  the  final  judge,  and  any  order  made  by  the  Board 
as  to  any  such  matter  shall  be  carried  out  and  fulfilled  by 
the  company  and  the  municipal  corporation  or  either  or 
both  of  them  according  to  the  terms  of  such  order. 

(5)  No  passenger  shall  stand  upon  the  side  steps  of  any  Passengers  not 

«  j       *i         1 1      fi  i  *         ii         •  i  ii    to  stQ.iid  on  siiie 

car  for  a  greater  length  of  time  than  is  necessary  to  enable  steps, 
him   to  enter  or  leave  the  same,  and  any  person  offending 
against  the  provisions  of  this  subsection  shall  incur  a  penalty 
of  not  less  than   |2  or  more  than   flO  besides  costs  to 
be  recovered  on  summary  conviction. 


THE  ROAD  BED  AND  ADJACENT  LANDS. 


Frogs,  Packing,  etc. 

83. — (1)  In  this  section  the  expression  "packing"  means  interpretation, 
a  packing  of  wood  or  metal,  or  some  equally  substantial 
and  solid  material,  of  not  less  than  two  inches  in  thickness,  '  Pac  ing' 
and  which,  where  by  this  section  any  space  is  required 
to  be  filled  in,  shall  extend  to  within  one  and  a  half  inches 
of  the  crown  of  the  rails  in  use  on  any  such  railway,  shall 
be  neatlv  fitted  so  as  to  come  against  the  web  of  such  rails, 
and  shall  be  well  and  solidly  fastened  to  the  ties  on  which 
such  rails  are  laid. 

(2) 


246  Chap.  30.  railways.  6  Edw.  VII 


Packing  of 
frogs,  etc. 


Packing  of 
wing-rails,  etc 


Exception  in 

after  cases . 

1 


(2)  The  spaces  behind  and  in  front  of  every  railway  frog 

or  crossing,  and  between  the  fixed  rails  of  every  switch 
where  such  spaces  are  less  than  four  inches  in  width,  shall 
be  filled  with  packing  up  to  the  under  side  of  the  head 
of  the  rail. 

(3)  The  spaces  between  any  wing  rail  and  any  railway 

frog,  and  between  any  guard  rail  and  the  track  rail  along- 
side of  it,  shall  be  filled  with  packing  at  their  splayed  ends, 
so  that  the  whole  splay  shall  be  so  filled  where  the  width 
of  the  space  between  the  rails  is  less  than  four  inches ; 
such  packing  not  to  reach  higher  than  to  the  under  side 
of  the  head  of  the  rail;  provided  however,  that  the  Board 
may  allow  the  filling  and  packing  mentioned  in  this  sec- 
tion to  be  left  out,  from  the  month  of  December  to  the 
month  of  April  in  each  year,  both  months  included,  or  be- 
tween any  such  dates  as  the  Board  by  regulation,  or  in  any 
particular  case,  determines. 


Oil  cups. 


(4)  The  oil  cups  or  other  appliances,  used  for  oiling  the 
valves  of  every  locomotive  in  use  upon  any  steam  railway 
shall  be  such  that  no  employee  shall  be  required  to  go  out- 
side the  cab  of  the  locomotive,  while  the  same  is  in  motion, 
for  the  purpose  of  oiling  such  valves. 


Drainage. 


Drainage  by 
company . 


Necessary 
drainage  may 
b»  ordered  by 


ird 


84. — (1)  The  company  shall  in  constructing  the  railway 
make  and  maintain  suitable  ditches  and  drains  along  each 
side  of,  and  across  and  under  the  railway,  to  connect  with 
ditches,  drains,  drainage  works  and  watercourses  upon  the 
lands  through  which  the  railway  runs,  so  as  to  afford  suffi- 
cient outlet  to  drain  and  carry  off  the  water,  and  so  that 
the  then  natural,  artificial,  or  existing  drainage  of  the 
said  lands  shall  not  be  obstructed  or  impeded  by  the  rail- 
way. 

(2)  Whenever  any  lands  are  injuriously  affected  by  rea- 
son of  the  drainage  upon,  along,  across,  or  under  the  rail- 
way being  insufficient  to  drain  and  carry  off  the  water 
from  such  lands,  or  whenever  any  municipality  or  land- 
owner desires  to  obtain  means  of  drainage,  or  the  right  to 
lay  water  pipes  or  other  pipes,  temporarily  or  permanent- 
ly, through,  along,  upon,  across  or  under  the  railway  or 
any  works  or  lands  of  the  company,  the  Board  may,  upon 
the  application  or  complaint  of  the  municipality  or  land- 
owner, order  the  company  to  construct  such  drainage  or 
lay  such  pipes,  and  may  require  the  applicant  to  submit 
to  the  Board  a  plan  and  profile  of  the  portion  of  the  rail- 
way to  be  affected,  or  may  direct  an  inspecting  engineer, 
or  such  other  person  as  it  deems  advisable  to  appoint,  to 

inspect 


1906. 


KAIL  WAYS. 


Chap.  30  247 


inspect  the  locality  in  question  and,  if  expedient,  there 
hold  an  inquiry  as  to  the  necessity  or  requirements  for 
such  drainage  or  pipes,  and  to  make  a  full  report  thereon 
to  the  Board ;  the  Board  may  upon  such  report,  or  in  its 
discretion,  order  how,  where,  when,  by  whom,  and  upon 
what  terms  and  conditions,  such  drainage  may  be  effected, 
or  pipes  laid,  constructed  and  maintained,  having  due 
regard  to  all  proper  interests. 

85. — (1)  Whenever  by  virtue  of  any  Act  of  the  Province  ^eiFn^'unde 
of  Ontario  proceedings  may  be  had  or  taken  by  any  munici-  £™Jincial 
pality  or  landowner  for  any  drainage,  or  drainage  works, 
or  for  the  construction,  enlargement,  improvement  or  ex- 
tension of  any  ditch  or  watercourse  upon  or  across  the 
property  of  any  landowner  in  the  Province,  proceedings 
may  be  had  or  taken  under  such  Act  by  such  municipality 
or  landowner  for  the  construction,  enlargement,  improve- 
ment or  extension  of  the  ditch  or  watercourse  upon  and 
across  the  railway  and  lands  of  the  company,  at  the  option 
of  such  municipality  or  landowner,  in  the  place  of  the 
proceedings  before  the  Board  as  in  the  next  preceding  sec- 
tion provided,  and  thereupon  such  Act  shall  apply  to  the 
lands  of  the  company  upon  or  across  which  such  drainage 
or  other  work  is  required,  to  the  same  extent  as  to  the 
lands  of  any  landowner,  subject,  however,  to  any  previous 
order  or  direction  of  the  Board  made  or  given  with  res- 
pect to  drainage  of  the  same  lands,  and  provided  that  the 
company  shall  have  the  option  of  constructing  the  portion 
of  any  drain  or  drainage  work,  or  ditch  or  watercourse, 
required  to  be  constructed  upon,  along,  under  or  across 
its  railway  or  lands,  and  in  the  event  of  the  company  not 
exercising  such  option,  and  completing  such  work  within 
a  reasonable  time,  without  any  unnecessary  delay,  such 
work  may  be  constructed  or  completed  in  the  same  manner 
as  any  other  portions  of  such  work  are  to  be  constructed 
under  the  provisions  of  such  Act;  provided  always  that 
no  drainage  works  or  ditch  or  watercourse  shall  be  con-  Board™  °f 
structed  or  reconstructed  upon,  along,  under  or  across  the 
railway  or  lands  of  the  company  until  the  character  of 
such  works  or  the  specifications  or  plans  thereof  have  been 
first  submitted  to  and  approved  of  by  the  Board. 

(2)  The  proportion  of  the  cost  of  the  drain  or  drainage  cost  of  work, 
works,  or  of  such  ditch  or  watercourse,  across  or  upon  the 
railway  to  be  borne  by  the  company  shall  in  all  such  cases 
be  based  upon  the  increase  of  cost  of  such  work  caused  by 
the  construction  and  operation  of  the  railway. 

Farm  Crossings . 


86. — (1)  Every  company  shall  make  crossings  for  persons  Farm 
across  whose  lands  the  railway  is  carried,  convenient  and cross11 

proper 


248 


Chap.  30. 


RAILWAYS . 


6  Edw.  VII 


proper  for  the  crossing  of  the  railway  for  farm  purposes. 
In  crossing  with  live  stock,  such  live  stock  shall  be  in 
charge  of  some  competent  person,  who  shall  use  all  rea- 
sonable care  and  precaution  to  avoid  accidents. 

Sngsmay      ^  The  Board  may>  uPon  the  application  of  any  land- 

be  ordered  owner,  order  the  company  to  provide  and  construct  a  suit- 
able farm  crossing  across  the  railway,  wherever  in  any  case 
the  Board  deems  it  necessary  for  the  proper  enjoyment 
of  his  land,  on  either  side  of  the  railway,  and  safe  in  the 
public  interest;  and  may  order  and  direct  how,  when, 
where,  by  whom,  and  upon  what  terms  and  conditions, 
such  farm  crossing  shall  be  constructed  and  maintained. 


Fences,  Gates  and  Cattle- guards. 


Fences,  etc.,  87. — (1)  The  company  shall  erect  and  maintain  upon 
tobekeptup.   ^e  Ta[\waj}  fences,  gates  and  cattleguards,  as  follows:  — 

Fences  to  be       (a)  On   each   side  of  all  that  portion  of  the  railway 
eachsfdenof     which  is  not  passing  along  or  across  a  public  highway 
railway.        fences  shall  be  erected  and  maintained  of  the  beight  and 
strength  of  an  ordinary  division  fence. 

Gates.  (b)  Swing  gates  in  such  fences,  of  the  height  of  the 

fence,  with  proper  hinges  and  fastenings,  at  farm  cross- 
ings ;  provided  that  sliding  or  hurdle  gates,  constructed 
prior  to  the  passing  of  this  Act,  may  be  maintained. 

Cattle-guards.  (c)  Cattle-guards,  on  each  side  of  the  highway,  at  every 
highway  crossing  at  rail-level  by  the  railway.  The  rail- 
way fences  at  every  such  crossing  shall  be  turned  into  the 
respective  cattle-guards  on  each  side  of  the  highway.  This 
provision  shall  not  apply  where  a  railway  is  being  operated 
along  a  public  highway. 

to  be  suitable.  (2)  Such  fences,  gates  and  cattle-guards  shall  be  suitable 
and  sufficient  to  prevent  cattle,  horses  and  other  animals 
from  getting  on  the  railway. 

(3)  Until  such  fences,  gates  and  cattle  guards  are  duly 
made,  the  company  shall  be  liable  for  all  damages  which 
may  be  done  by  their  motors,  cars,  carriages  or  trains  to 
cattle,  horses  or  other  animals  on  that  part  of  the  railway 
hereby  required  to  be  fenced. 

(4)  Whenever  the  railway  nasses  through  any  locality 
in  which  the  lands  on  either  side  of  the  railway  are  not 
improved  or  settled,  and  enclosed,  the  company  shall  not 
be  required  to  erect  and  maintain  such  fences,  gates  and 
cattle-guards  unless  the  Board  otherwise  orders  or  directs. 


Liability  of 
company  until 
cattle-guards 
erected. 


If  lands  are 
not  settled 
and  inclosed. 


Land  owners 
must  close 
gates  at  farm 
crossings. 


(5)  The  persons  for  whose  use  farm  crossings  are  fur- 
nished shall  keep  the  gates  at  each  side  of  the  railway 
closed  when  not  in  use;  and  no  person,  any  of  whose  cattle 

horses 


1906. 


RAILWAYS. 


Chap.  30  249 


horses  or  other  animals  are  killed  or  injured  by  any  train, 
owing  to  the  non-observance  of  this  section,  shall  have  any 
right  of  action  against  any  company  in  respect  to  the  same 
being  so  killed  or  injured. 

(6)  Every   person   who   wilfully  leaves  any  such  gate  opening  gates 
open  without  some  person  being  at  or  near  it  to  prevent 
animals  from  passing  through  it  on  the  railway,  or  who  Taking  down 
takes  down   any   part   of  a  railway   fence,  or  turns  anytences' 
horses,  cattle  or  other  animals,  upon  or  within  the  inclosure  Putting  cattle 
of  such  railway,  except  for  the  purpose  of,  and  while, on  rallway3 
taking  the  same  across  the  railway  in  the  manner  pro- 
vided by  this  Act,  or  who,  except  as  authorized  by  this  Act, 
rides,  leads  or  drives  any  horses,  cattle  or  other  animal,  or  Permitting 
suffers  amy  such  horses,  cattle  or  animals  to  enter  upon  such  o™  ranwaysSet 
railway  and  within  the  fences  and  guards,  is  liable,  on  sum- 
mary conviction,  to  a  penalty  of  twenty  dollars  for  each  of- 
fence, and  is  also  liable  to  the  railway  company  for  any  penalties  for 
damage  to  the  property  of  the  company  or  for  which  thesodoing- 
company  may  be  responsible  by  reason  of  such  gate  being  so 
left  open,  or  by  reason  of  such  fence  being  so  taken  down, 
or  by  the   turning,    riding,    leading,    driving   or  suffer- 
ing to  enter,  upon  or  within  the  inclosure  of  such  rail- 
way in  violation  of  this  section  of  any  horse,  cattle  or  other 
animals,  and  no  person,  any  of  whose  horses,  cattle  or  other 
animals  are  killed  or  injured  by  any  train  owing  to  the  non- no  recourse 
observance  of  this  section  shall  have  any  right  of  action  asainst 
against  any  company  in  respect  to  the  same  being  so  killed 
or  injured.      Every  person  violating  the  provisions  of  this 
section  shall  in  addition  to  the  penalty  herein  provided  be  damages.'1 
liable  to  pay  any  person  injured  by  reason  of  such  violation 
all  damages  sustained  thereby. 

Bridges,  Tunnels  and  other  Structures. 

88. — (1)  Every  bridge,  tunnel  or  other  erection  or  struc-  Headway 
ture,  over,  through  or  under  which  any  railway,  now  or  bridges'and 
hereafter,  passes,  shall  be  so  constructed,  and,  if  need  be,  tunnels- 
re-constructed  or  altered  within  such  time  as  the  Board 
may  order,  and  shall  thereafter  be  so  maintained,  as  to 
afford,  at  all  times,  an  open  and  clear  headway  of  at  least 
seven  feet  between  the  top  of  the  highest  freight  car  used 
on  the  railway  and  the  lowest  beams,  members  or  portions 
of  that  part  of  such  bridge,  tunnel,  erection  or  structure, 
which  is  directly  over  the  space  liable  to  be  traversed  by 
such  car  in  passing  thereunder;  but  in  no  case  shall  the 
space  between  the  rail-level  and  such  beams,  members  or 
portions  of  any  such  structure,  hereafter  constructed,  be 
less  than  twenty-two  feet  six  inches,  unless  by  leave  of 
the  Board; 

(2)  If,  in  any  case,  it  is  necessary  to  raise,  reconstruct  B™re™°leie 
or  alter  any  bridge,  tunnel,  erection  or  structure  not  owned  owners  refuse 

by 


250 


Chap.  30. 


KAIL  WATS. 


6  Edw.  VII 


to  permit  by  the  company,  the  Board,  upon  application  of  the  com- 
eompiiance.  pany  and  upon  notice  to  all  parties  interested,  or  without 
any  application,  mav  make  such  order,  allowing  or  re- 
quiring such  raising,  reconstruction  or  alteration,  upon 
such  terms  and  conditions  as  to  the  Board  shall  appear 
just  and  proper  and  in  the  public  interest. 

?^mp™certain     (3)  The   Board  may  exempt  from  the  operation  of  t hU 
bridges,  etc.     section  any  bridge,  tunnel,  erection  or  structure,  over, 
through  or  under  which  no  trains  are  run,  except  trains 
operated  by  electricity  and  except  such  as  are  equipped  with 
air  brakes. 

Penalty.  (4)  Every  company  or  owner  shall  incur  a  penalty  not 

exceeding  fifty  dollars  for  each  day  of  wilful  neglect, 
omission  or  refusal  to  obev  the  provisions  of  this  section. 


Proceedings 
before  con- 
struction. 


over^feet''  — ^  With  respect  to  all  bridges,  tunnels,  viaducts 

long.  trestles,  or  other  structures,  through,  over,  or  under  which 

the  company's  trains  are  to  pass,  the  span,  or  proposed 
span  or  spans,  or  length  of  which  exceeds  eighteen  feet, 
the  company  shall  not  commence  the  construction,  or  re- 
construction, of,  or  any  material  alteration  in,  any  such 
bridge,  tunnel,  viaduct,  trestle,  or  other  structure,  until 
leave  therefor  has  been  obtained  from  the  Board,  unless 
such  construction,  reconstruction,  or  alteration  is  made 
in  accordance  with  standard  specifications  and  plans  ap- 
proved by  the  Board. 

(2)  Upon  any  application  to  the  Board  for  such  leave, 

the  company  shall  submit  to  the  Board  the  detail  plans, 
profiles,  drawings  and  specifications  of  any  such  work  pro- 
posed to  be  constructed,  and  such  other  plans,  profiles, 
drawings  and  specifications  as  the  Board  may  in  any  case, 
or  by  regulation,  require. 

Highway  Crossings. 

hfghway.on  .  90.— (1)  Subject  to  the  provisions  of  this  Act  respect- 
consent  of  ing  the  operation  of  railways  along  highways,  the  rail- 
municipaiity.  wav  may  be  carried  along  or  across  an  existing  highway 

upon  leave  therefor  having  been  first  obtained  from  the 

Board  as  hereinafter  provided. 

(2)  No  obstruction  of  such  highway  with  the  works  shall 
be  made  without  turning  the  highway  so  as  to  leave  an 
open  and  good  passage  for  carriages,  and,  on  completion 
of  the  works,  restoring  the  highway  to  as  good  condition, 
as  nearly  as  possible,  as  it  was  originally. 

(3)  Every  company  which  violates  the  provisions  of  this 
section  shall  incur  a  penalty  of  not  less  than  forty  dollars 
for  each  such  violation. 


No  obstruction 
permitted. 

Restoration  of 
highway. 


Penalty. 


i^chttbetween  ^7nenever  ^h.e  railway  crosses  any  highway  at  rail- 

ran  and  levels,  level ,  whether  the  level  of  the  highway  rpmains  undisturbed 

or 


1906.  railways.  Chap.  30  251 

or  is  raised  or  lowered  to  conform  to  the  grade  of  the  °ferhtj1^(fy 
railway,  the  top  of  the  rail  may,  when  the  works  are  com- 
pleted, rise  above  or  sink  below  the  level  of  the  highway 
to  the  extent  of  one  inch  without  being  deemed  an  obstruc- 
tion, unless  otherwise  directed  by  the  Board. 

92.  — (1)  Upon  any  application  for  leave  to  construct  the  Clan  of 
railway  across  an  existing  highway,  or  to  construct  a  high-  highway  to  be 
way  across  an  existing  railway,  the  applicant  shall  submit  s"^muted" 

a  plan  and  profile  of  such  crossing,  showing  the  portion 
of  railway  or  highway  affected,  to  the  Board.  The  Board 
may  by  order  grant  such  application  upon  such  terms  and 
conditions  as  to  protection,  safety  and  convenience  of  the 
public,  as  it  may  deem  expedient,  or  may  order  that  the 
highway  be  carried  over  or  under  the  railway,  or  be  tem- 
porarily or  permanently  diverted,  and  that  such  works  be 
executed,  watchmen  or  other  persons  employed,  gates  Board  in  such 
erected  or  measures  taken  as  under  the  circumstances  ap- case" 
pear  to  the  Board  best  adapted  to  remove  or  diminish  the 
danger  or  obstruction  arising  or  likely  to  arise  therefrom. 

(2)  The  highway  at  any  overhead  railway  crossing  shall  Overhead 
not  at  any  time  be  narrowed  by  means  of  an  abutment  or 
structure  to  an  extent  less  than  twenty  feet,  nor  shall  the 
clear  headway  from  the  surface  of  the  highway  to  the 
centre  of  any  overhead  structure  constructed  after  the 
passing  of  this  Act  be  less  than  fourteen  feet,  unless  other- 
wise directed  or  permitted  by  the  Board. 

93.  Where  any  railway  is  already  constructed  across  any  as  to  existing 
highway,  the  Board  may  order  the  company  within  a  speci- crossings- 
fied  time  to  submit  to  the  Board  a  plan  and  profile  of  such 
portion  of  the  railway,  and  may,  upon  such  submission, 

make  any  order  in  respect  thereto  that  may  to  the  Board 
seem  proper. 

94.  Every  structure,  by  which  any  highway  is  carried  ah  structures 
over  or  under  any  railway,  shall  be  so  constructed,  and,  "nltofcted6'5^ 
at  all  times,  be  so  maintained,  as  to  afford  safe  and  ade-  ^1ine™ain" 
quate   facilities   for  all    traffic    passing  over,    under  or 
through  such  structure. 

95.  The  inclination  of  the  ascent  or  descent,  as  the  case  inclination  of 
may  be,  of  any  approach  by  which  any  highway  is  carried  hlghway- 
over  or  under  any  railway,  or  across  it  at  rail  level,  shall 

not  be  greater  than  one  foot  of  rise  or  fall  for  every  twenty 
feet  of  the  horizontal  length  of  such  approach,  unless  the 
Board  directs  otherwise ;  and  a  good  and  sufficient  fence 
shall  be  made  on  each  side  of  such  approach,  and  of  the 
structure  connected  with  it,  which  fence  shall  be  at  least  Fenci 
four  feet  six  inches  in  height  from  the  surface  of  the  approaches, 
approach  or  structure. 

96. 


252 


Chap.  30. 


RAILWAYS. 


6  Edw.  YII 


Signboards 
at  level 
crossings . 


Penalty. 


96.  Signboards  at  least  twelve  feet  in  height  at  every 
highway  crossed  at  rail  level  by  any  railway,  shall  be 
erected  and  maintained  at  each  crossing,  and  shall  have 
the  words  "Railway  Crossing"  painted  on  each  side  of  the 
sign  .  board,  in  letters  at  least  six  inches  in  length,  and 
every  company  which  neglects  to  comply  with  the  require- 
ments of  this  section  shall  incur  a  penalty  not  exceeding 
ten  dollars. 


Railway  may  97. — (1)  Where  a  level  crossing  on  any  railway  is  out 
repalranyievei  of  repair,  the  warden,  mayor,  or  reeve  of  the  municipality 
repaTrng  °ut  °f  W1thin  whose  jurisdiction  the  crossing  is  situate,  may 
serve  a  notice  upon  the  company  in  the  usual  manner, 
requiring  the  repair  to  be  forthwith  made ;  and  if  the  com- 
pany does  not  forthwith  make  the  same,  such  head  of  the 
municipality  may  transmit  a  copy  of  the  notice  so  served 
to  the  Board ;  and  thereupon  the  Board  may  order 
an  inspection  to  be  made  and  may  appoint  an  inspec- 
tor for  that  purpose  who  shall  with  all  possible  despatch, 
appoint  a  day  when  he  will  examine  into  the  matter;  and 
he  shall,  by  mail,  give  notice  to  the  warden,  mayor,  or 
reeve,  and  to  the  company,  of  the  day  he  so  fixes;  and 
upon  the  day  so  named  he  shall  examine  the  crossing; 
inspector  s  and  a  certificate  under  his  hand  shall  be  final  on  the  sub- 
be  conclusive,  ject  so  in  dispute  between  the  parties;  and  if  the  said 
Inspector  determines  that  any  repairs  are  required,  he 
shall  specify  the  nature  thereof  in  his  said  certificate,  and 
direct  the  company  to  make  the  same ;  and  the  company 
shall  thereupon,  with  all  possible  despatch,  comply  with 
the  requirements  of  the  certificate;  and  in  case  of  default, 
the  municipality  within  whose  jurisdiction  the  said  cross- 
ing is  situate,  may  make  such  repairs,  and  may  recover 
all  costs,  expenses  and  outlays  in  the  premises  by  action 
against  the  company  in  any  court  of  competent  jurisdic- 
tion, as  money  paid  to  the  company's  use. 


Payments  of 
inpectors. 


Proviso. 


(2)  The  Inspector  shall  be  entitled  to  be  paid  the  sum  of 
and    actual    travelling   expenses    while   engaged  on 

such  inspection  and  in  case  he  finds  that  any  repairs  are 
required  he  shall  be  paid  by  the  company,  but  if  he 
finds  that  no  repairs  are  required  he  shall  be  paid  by  the 
municipality  whose  chief  officer  served  the  said  notice. 

(3)  Neither  this  section  nor  any  proceeding  had  there- 
under shall  at  all  affect  any  liability  otherwise  attaching 
to  such  company  in  the  premises. 


Crossings  and  Junctions. 


Railway 
crossings  and 
junctions. 


98. — (1)  The  railway  lines  or  tracks  of  any  company 
shall  not  be  crossed  or  joined  by  or  with  the  railway  lines 

or 


1906. 


RAILWAYS. 


Chap.  30  253 


or  tracks  of  any  other  company  until  leave  therefor  has  Power  of  the 
been  obtained  from  the  Board  as  hereinafter  provided. 

(2)  TJpon  any  application  for  such  leave  the  applicant  on*tippnc"^oni 
company  shall  submit  to  the  Board  a  plan  and  profile  of  to  Board, 
such  crossing  or  junction  and  such  other  plans,  drawings 

and  specifications  as  the  Board  may  in  any  case,  or  by  re- 
gulation, require. 

(3)  The  Board  may  by  order  grant  such  application  on  order  of 
such  terms  as  to  protection  and  safety  as  it  may  deem  ex- 
pedient, may  change  the  plan  and  profile,  drawings  and 
specifications,  so  submitted  and  fix  the  place  and  mode  of 
crossing  or  junction,  and  may  direct  that  the  lines  and 
tracks  of  one  company  be  carried  over  or  under  the  lines 

and  tracks  of  the  other,  and  that  such  works,  structures, 
equipment,  appliances  and  materials  be  constructed,  pro- 
vided, installed,  maintained,  used  or  operated,  watch- 
men or  other  persons  employed,  and  measures  taken, 
as  under  the  circumstances  appear  to  the  Board  best  adap- 
ted to  remove  and  prevent  all  danger  of  accident,  injury 
or  damage,  and  may  determine  the  amount  of  damage 
and  compensation,  if  any,  to  be  paid  for  any  property  or 
land  taken  or  injuriously  affected  by  reason  of  the  con- 
struction of  such  works. 

(4)  The  Board  may  give  directions  as  to  supervision  of  supervision  of 
the  construction  of  the  works,  and  order  that  detailed wor  s' 
plans,  drawings  and  specifications  of   any   works,  struc- 
tures,  equipment  or  appliances   required,    shall,  before 
construction  or  installation,  be  submitted  to  and  approved 

by  the  Board 

(5)  No  trains  shall  be  operated  on  the  lines  or  tracks  of  Authorizing 
the  applicant  company  over,  upon  or  through  such  cross-  operation, 
ing  or  junction  until  the  Board  grants  an  order  author- 
izing such  operation,  but  the  Board  shall  not  grant  such 

order  until  satisfied  that  its  orders  and  directions  have 
been  carried  out,  and  that  the  provisions  of  this  section 
have  been  complied  with. 

(6)  The  Board  may  order,  any  company  to  adopt  and  safety 
put  in  use  at  any  such  crossing  of  junction,  at  rail  level,  on^aiMevei 
such  interlocking  switch,  derailing  device,  signal  system,  crossings- 
equipments,  appliances  and  materials,  as  in  the  opinion 

of  the  Board  renders  it  safe  for  engines  and  trains  to  pass 
over  such  crossing  or  junction  without  being  brought  to 
a  stop. 

(7)  This  section  shall  apply  to  street  railway  companies  ^p^gttion 
and  street  railways.  railways. 

Mines  and  Minerals. 

99.  No  company  shall,  without  the  authority  of  theMinestobe 
Board,  locate  the  line  of  its  proposed  railway,  or  con- protected- 

struct 


254 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


Company  not 
entitled  to 
minerals,  etc., 
in  lands. 

Exceptions. 


struct  the  same  or  any  portion  thereof,  so  as  to  obstruct  or 
interfere  with,  or  injuriously  affect  the  working  of,  or  the 
access  or  adit  to  any  mine  then  open,  or  for  opening  which 
preparations  are,  at  the  time  of  such  location,  being  law- 
fully and  openly  made. 

100.  The  company  shall  not  be  entitled  to  any  mines, 
ores,  metals,  coal,  slate,  mineral  oils  or  other  minerals  in  or 
under  any  lands  purchased  by  it,  or  taken  by  it  under  any 
compulsory  powers  given  it  by  this  Act,  unless  the  same 
have  been  expressly  purchased;  and  all  such  mines  and 
minerals,  except  as  aforesaid,  shall  be  deemed  to  be  ex- 
cepted from  the  conveyance  of  such  lands,  unless  they 
have  been  expressly  named  therein  and  conveyed  thereby. 


Mining  under 
or  within 
40  yards  of 
any  railway . 


Application 
for  leave  of 
Board . 


Protection  and 
safety  of  the 
public. 


101. — (1)  No  owner,  lessee  or  occupier  of  any  such  mines 
or  minerals  lying  under  the  railway  or  any  of  the  works 
connected  therewith,  or  within  forty  yards  therefrom,  shall 
work  the  same  until  leave  therefor  has  been  first  obtained 
from  the  Board. 

(2)  Upon  any  application  to  the  Board  for  leave  to  work 
any  such  mine  or  minerals,  the  applicant  shall  submit 
a  plan  and  profile  of  the  portion  of  the  railway  to  be 
affected  thereby,  and  of  the  mining  works  or  plant  pro- 
posed to  be  constructed  or  operated,  affecting  the  railway, 
giving  all  reasonable  and  necessary  information  and  de- 
tails as  to  the  extent  and  character  of  the  same. 

(3)  The  Board  may  grant  such  application  upon  such 
terms  and  conditions,  as  to  protection  and  safety  of  the 
public,  as  to.  the  Board  may  seem  expedient,  and  may  order 
that  such  other  works  be  executed,  or  measures  taken,  as 
under  the  circumstances  appear  to  the  Board  best  adapted 
to  remove  or  diminish  the  danger  arising,  or  likely  to 
arise,  from  such  mining  operations.  , 


Compensation 
by  company 
for  loss  by 
severance  of 
mine. 


102.  The  company  shall,  from  time  to  time,  pay  to  the 
owner,  lessee,  or  occupier  of  any  such  mines  such  com- 
pensation as  the  Board  shall  order  to  be  paid  to  such 
owner,  lessee,  or  occupier  for  and  on  account  of  any  sever- 
ance of  the  lands  lying  over  such  mines  by  the  railway, 
or  of  the  working  of  such  mines  being  prevented,  stopped 
or  interrupted,  or  of  the  same  being  worked  in  such  manner 
and  under  such  restrictions  as  not  to  prejudice  or  injure 
the  railway,  and  also  for  any  minerals  not  purchased  by 
the  company  which  cannot  be  obtained  by  reason  of  mak- 
ing and  maintaining  the  railway. 


Power  of 
company  to 
enter  mines 
for  purpose  of 
ascertaining 
whether  work- 


103.  If  necessary  in  order  to  ascertain  whether  any  such 
mines  are  being  worked,  or  have  been  worked,  so  as  to 
damage  the  railway  or  works  or  in  such  manner  as  to  be 

detrimental 


1906.  railways.  Chap.  30  255 

detrimental  to  the  safety  of  the  public  using  the  railway  ™§w°yfngera 
or  of  the  tracks  and  trains  of  the  company  it  shall  be  law- 
ful for  the  company  with  the  written  permission  and 
authorization  of  the  Board  after  giving  twenty-four  hours' 
notice  in  writing,  to  enter  upon  any  lands  through  or  near 
which  the  railway  passes  wherein  any  such  mines  are  being 
worked,  and  to  enter  into  and  return  from  any  such  mines 
or  the  works  connected  therewith ;  and  for  that  purpose 
it  shall  be  lawful  for  them  to  make  use  of  any  apparatus 
of  such  mines,  and  to  use  all  necessary  means  for  discover- 
ing the  distance  from  the  railway  to  the  parts  of  such 
mines  which  are  being  worked. 

104.  If  the  owner,  lessee,  or  occupier  of  any  such  mine  Penalty  for 
refuses  to  allow  any  person  appointed  by  the  company  for  pany  access 
that  purpose  to  enter  into  and  inspect  any  such  mines  ortommes- 
works  in  manner    aforesaid,    every    person  so  offending 

shall,  for  every  such  refusal,  forfeit  to  the  company  a  sum 
not  exceeding  $100. 

Weeds  on  Company 's  Land. 

105.  — (1)  Every  company  shall  cause  all  cleared  land  or  remJve" weeds 
ground  adjoining  the  railway  and  belonging  to  the  com- 
pany to  be  covered  with  grass  or  turf  if  not  already  so 
covered  and  shall  cause  all  thistles  and  noxious  weeds 
growing  on  the  right  of  way  and  over  land  of  the  company 
adjoining  the  railway  to  be  cut  down  or  to  be  rooted  out 

and  destroyed  each  year  before  the  plants  have  sufficiently 
matured  to  seed. 

(2)  Every  company  which  fails  to  comply  with  this  sec-  penalty, 
tion  shall  incur  a  penalty  of  ten  dollars  for  everji  day 
during  which  such    company    neglects   to  do  anything 
which  it  is  so  required  to  do. 

(3)  The  mayor,  reeve  or  other  head  of  the  municipality  ^"^ip"1/ 
in  which  the  land  or  ground  lies  may  cause  all  things  to  officers  may 
be  done  which  the  said  company  is  so  required  to  do,  and  perform- 
for  that  purpose  may  enter,  by  himself  and  his  assistant 

or  workmen,  upon  such  lands,  and  the  municipality  may 

recover  the  expenses  and  charges  incurred  in  so  doing,  and 

the  said  penalty,  with  costs,  in  any  court   of  competent Cost  o£  work 

jurisdiction,  and  such  expenses,  penalty  and  costs  shall  be 

paid  to  the  proper  officer  of  the  municipality. 

Prevention  of,  and  liability  for,  Fires. 

106.  — (1)  The  company  shall  at  all  times  maintain  and  prevention, 
keep  its  right  of  way  free  from  dead  or  dry  grass,  weeds 

and  other  unnecessary  combustible  matter. 

(2)  Whenever  damage  is  caused  to  crops,  lands,  fences,  {jjg^used'by 
plantations,  standing  or  growing  timber  or  trees  or  build-  locomotive, 
ings  and  their  contents,  by  a  fire,  started  by  a  railway 
locomotive,  the  company  making  use  of  such  locomotive 

whether 


256  Chap.  30.  railways.  6  Edw.  VII 


Construction 
of  road  bi- 
sections. 


whether  guilty  of  negligence  or  not,  shall  be  liable  for 
such  damage  and  may  be  sued  for  the  recovery  of  the 
amount  of  such  damage  in  any  court  of  competent  juris- 
proviso.  diction;  Provided  that  if  it  be  shown  that  the  company 
has  used  modern  and  efficient  appliances  and  has  not 
otherwise  been  guilty  of  any  negligence,  the  total  amount 
of  compensation  recoverable  under  this  section,  in  respect 
of  any  one  or  more  claims  for  damage  from  a  fire  or  fires 
started  by  the  same  locomotive  and  upon  the  same  occasion, 
shall  not  exceed  five  thousand  dollars,  and  it  shall  be  appor- 
tioned amongst  the  parties  who  suffered  the  loss  as  the 
court  may  determine. 

insurable has  cornPaily  shall  have  an  insurable  interest  in  all 

inerest.         such  property  upon  or  along  its  route,  for  which  it  may 

be  so  held  liable,  and  may  procure  insurances  thereon  in 

its  own  behalf. 

Construction  of  Road  by  Sections. 

107.  The  company  is  hereby  authorized  and  empowered 
to  take  and  make  the  surveys  and  levels  of  the  lands 
through  which  the  said  railway  is  to  pass,  together  with 
the  map  or  plan  and  book  of  reference  thereof,  and  of 
its  course  and  direction,  and  of  the  lands  intended  to  be 
passed  over  and  taken  therefor,  so  far  as  then  ascertained, 
and  to  deposit  the  same  as  required  by  the  clauses  of 
this  Act  with  respect  to  plans  and  surveys,  by  sections  or 
portions  less  than  the  length  of  the  whole  railway  author- 
ized, of  such  length  as  the  company  may  from  time  to  time 
see  fit,  so  that  no  one  of  such  sections  or  portions  shall  be 
less  than  five  miles  in  length,  and  upon  such  deposit  as 
aforesaid  of  the  map  or  plan  and  book  of  reference  of 
any  and  each  of  such  sections  or  portions  of  the  said  rail- 
way, all  and  every  of  the  clauses  of  this  Act,  shall  apply 
and  extend  to  any  and  each  of  such  sections  or  portions  of 
the  said  railway  as  fully  and  effectually  as  if  the  surveys 
and  levels  had  been  taken  and  made  of  the  lands  through 
which  the  whole  of  the  said  railway  is  to  pass,  together 
with  the  map  or  plan  and  book  of  reference  of  the  whole 
thereof,  and  of  its  whole  course  and  direction,  and  of  the 
lands  intended  to  be  passed  over  and  taken,  and  the  state- 
ment of  the  whole  of  the  said  railway  had  been  taken, 
made,  examined  certified  and  deposited  according  to  the 
said  clauses  of  this  Act.  The  construction  of  the  railway 
in  sections  may  be  commenced  at  such  point  on  the  line 
of  railway  as  the  directors  may  determine,  but  the  said 
work  of  construction  shall  be  carried  on  from  such  point 
by  sections  continuing  therefrom  so  as  to  form  at  all  times 
one  continuous  line  of  railway;  provided,  however,  that 
the  Board  may  sanction  and  approve  of  the  construction 
by  sections  at  different  points,  and  not  continuously,  along 
the  said  line  of  railway. 

108. 


1906. 


RAILWAYS. 


Chap.  30 


257 


108.  Whenever  any  section  of  the  said  railway  of  not  Five  mile 
less  than  five  miles  has  been  completed,  the  company  may  beCopene°iay 
take  the  steps  authorized  by  section  163  of  this  Act  to  be 

taken  before  a  railway  or  a  portion  thereof  is  opened  for 
the  carriage  of  traffic  and,  with  the  permission  of  the 
Board  as  set  forth  in  the  said  section,  the  company  may 
open  and  operate  such  section  as  if  it  were  a  completed 
road,  and  all  the  sections  of  this  Act  applicable  thereto 
shall  thereupon  apply  to  the  said  section  as  if  it  were  a 
completed  road,  and  to  its  operation.  K 

Commencement  of  Construction. 

109.  The  company  shall  not  commence  the  construction  works  not  to 
of  the  railway,  or  any  section  or  portion  thereof,  until  the  until  certain 
provisions  of  this  Act  as  to  plans  and  surveys  are  fully  compfiedVith. 
complied  with ;  and  shall  not  make  any  change,  alteration 

or  deviation  in  the  railway,  or  any  portion  thereof,  until 
the  provisions  of  subsection  13  of  section  59  as  to  deviations 
are  fully  complied  with. 

Compensation  to  Owners  of  Lands  Adjacent  to  Highways. 

110.  — (1)  Where  a  railway  constructs  its  tracks  along  compensation 
one    side    of    a    highway    or  operates  over  a  highway  owners  of  lands 
or  railway  or  street  railway  crossing  by  means  of  a  bridge 

highway. 

or  underneath  a  highway  or  railway  or  street  railway 
crossing  by  means  of  a  sub-way  or  tunnel,  and  in 
the  construction  of  the  approaches  to  such  bridge  or  tun- 
nel, raises  or  depresses  part  of  a  highway  the  owner  of  any 
land  adjoining  the  portion  of  the  highway  upon  the  side 
thereof  upon  which  the  tracks  are  so  constructed  or  upon 
or  along  which  the  said  bridge  or  sub-way  or  tunnel  or 
approaches  thereto  are  constructed  shall,  if  by  reason  of 
such  construction,  his  land  or  the  business  carried  on  upon 
such  land  is  thereby  injured  or  in  any  way  depreciated  in 
value  be  entitled  to  receive  compensation  therefor  from  the 
company. 

(2)  The  proceedings  to  obtain  such  compensation  and  to 
determine  the  amount  thereof  shall  so  far  as  applicable 
be  the  same  as  that  provided  in  this  Act  in  the  sections 
respecting  the  taking  of  land  without  the  consent  of  the 
owner. 

(3)  Compensation  for  injury  to  or  depreciation  of  the 
value  of  any  such  business  or  land  may  be  awarded  by  the 
arbitrators  if  in  their  judgment  any  such  injury  or  de- 
preciation is  caused  by  the  existence  of  the  railway  not- 
withstanding that  the  grade  of  the  highway  may  not  have 
been  changed  or  altered. 

(4)  Not  more  than  one  award  of  damages  shall  be  made 
under  this  section  in  respect  of  the  same  land  or  busi- 
ness. 

(5)  This  section  shall  not  apply  to  such  portions  of  any 
lailway  as  are  constructed  at  the  time  of  the  coming  into 

17  S.  force 


258 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


force  of  this  Act,  or  which  may  be  constructed  under 
agreements  existing  at  the  time  of  the  coming  into  force 
of  this  Act. 

Limitation  of  Time  for  Construction. 
Time  for  111.  If  the  construction  of  the  railway  or  street  rail- 

construction  -  .  -         ,    „  „  £  . 

limited.  way  is  not  commenced  and  niteen  per  cent,  of  the  amount 
of  the  capital  stock  is  not  expended  thereon  within  two 
years  after  the  passing-  of  the  special  Act,  or  in  case  of  a 
railway  other  than  a  street  railway,  if  the  railway  is 
not  finished  and  put  in  operation  within  five  years  from 
the  passing  of  such  Act,  the  powers  granted  by  such 
Act  or  by  this  Act  shall  cease  and  be  null  and  void  as 
respects  so  much  of  the  railway  as  then  remains  uncom- 
pleted. 

Use  of  Steam  During  Construction. 

Electric  com-       112.  A  company  while  constructing  a  line  of  railway  to 
usesteam for    be  operated  bv  electricity  on  a  right  of  way  owned  by  the 
construction.   company  shall  have  power  to  use  steam  as  a  motive  power 
during  such  construction  and  at  other  times  for  construc- 
tion purposes. 

Contracts  for  Construction. 

contracts  for  113. — (1)  The  directors  may  enter  into  a  contract  or  con- 
fineStetc0tlOn  °J  tracts  with  any  individual,  corporation  or  association  of 
individuals  for  the  construction  or  equipment  of  the  rail- 
way or  any  part  thereof,  including  or  excluding  the  pur- 
chase of  right  of  way,  and  may  pay  therefor  either  in  part 
Payment  in  or  *n  wn°le>  either  in  cash  or  bonds,  or  in  paid-up  stock, 
stock  orbonds.  and  may  pay  or  agree  to  pay  in  paid-up  stock  or  in  bonds 
of  the  said  company  such  sums  as  they  may  deem  exped- 
ient to  engineers,  or  for  the  right  of  way,  or  material, 
plant  or  rolling  stock,  and  also  for  the  services  of  the 
promoters  or  other  persons  who  may  be  employed  by  the 
directors  for  the  purpose  of  assisting  the  directors  and 
furthering  the  undertaking,  or  for  the  purchase  of  right 
of  way,  material,  plant  or  rolling  stock,  provided  that  no 
such  contract  shall  be  of  any  force  or  validity  unless  first 
authorized  by  resolution  passed  by  the  votes  of  the  share- 
holders in  person  or  by  proxy  representing  two-thirds  in 
value  of  the  whole  amount  paid  up  of  the  total  capital 
stock  of  the  company  then  issued  and  outstanding  at  a 
general  meeting  of  the  shareholders  specially  called  for 
the  purpose  of  considering  such  matters,  and  the  stock  so 
acquired  by  any  person  shall  for  all  purposes  be  deemed 
to  be  paid  in  cash. 

Application  to      (2)  This  section  shall  apply  to  street  railway  companies 

street  r&ii-  _  j  *i 

ways.  and  street  railways. 

17a  s.  OPERATION 


1906. 


RAILWAYS. 


Chap.  30.  259 


OPERATION  OF  THE  RAILWAY. 

Regulations  governing  the  running  of  Trains. 

114.  The  trains  or  cars  shall  start  and  run  at  regular  Trains  to  Mart 
hours  or  at  regular  intervals  to  be  fixed  by  public  notice,  hourfu'ar 
and  shall  furnish  sufficient  accommodation  for  the  tran- 
sportation of  all  such  passengers  and  goods  as  are  within 

a  reasonable  time  previous  thereto  offered  for  transporta- 
tion at  the  place  of  starting,  and  at  the  junctions  of  other 
railways,  and  at  usual  stopping  places,  established  for 
receiving  and  discharging  way-passengers  and  goods  from 
the  train  or  car. 

115.  Every  employee  of  the  company  employed  in  a  pas- Employees  in 
senger  train  or  car  or  at  a  passenger  station,  shall  wear  tnUn^oir* 
upon  his  hat  or  cap   a  badge,  which   shall   indicate  his  t^wearbadges 
office,  and  he  shall  not,  without  such  badge,  be  entitled 

to  demand  or  receive  from  any  passenger  any  fare  or  ticket, 
or  to  exercise  any  of  the  powers  of  his  office,  or  to  inter- 
fere with  any  passenger  or  his  baggage  or  property. 

llfi. — (1)  The  fare  or  toll  shall  be  due  and  payable  by  Expulsion  on 

.  .  J  refusal  to  pay 

every  passenger  on  entering  the  car,  or  other  conveyance,  fare, 
and  every  passenger  who  refuses  to  pay  his  fare  may,  by  the 
conductor  of  the  train  and  the  train  servants  of  the  com- 
pany, be  expelled  from  and  put  out  of  the  car,  with  his 
baggage,  at  any  usual  stopping  place,  or  near  any  dwelling 
house,  as  the  conductor  elects,  the  conductor  first  stopping 
the  train  and  using  no  unnecessary  force. 

(2)  This  section  shall  apply  to  street  railways.  Application  to 

street  rail- 
ways. 

117.  No  person  injured  while  on  the  platform  of  a  car,  no  claim  for 
or  on  any  baggage,  or  freight  car,  in  violation  of  the  c"rtainScases 
printed  regulations  posted  up  at  the  time,  shall  have  any 

claim  in  respect  of  the  injury,  if  room  inside  of  the  pas- 
senger cars,  sufficient  for  the  proper  accommodation  of 
the  passengers,  was  furnished  at  the  time. 

118.  — (1)  Except  by  permission  of  the  Board,  no  passen-  Position  ot 
ger  train  upon  a  steam  railway  shall  have  any  freight,  mer-  passenger  cars, 
chandise  or  lumber  car  in  the  rear  of  any  passenger  car  in 

which  any  passenger  is  carried. 

(2)  Every  officer  or  employee   of  any  company,   who  Penalty  for 
directs,  or  knowingly  permits,  any  freight,  merchandise  violation, 
or  lumber  car,  to  be  so  placed,  shall  be  liable  on  summary 
conviction  to  a  penalty  not  exceeding  ten  dollars. 

119.  — (1)  A  check  shall  be  affixed  by  the  company  toBaggage 
every  parcel  of  baggage,  having  a  handle,  loop  or  suitable  check3- 

means 


260  Chap.  30.  railways.  6  Edw.  VII 


means  for  attaching  a  check  thereupon,  delivered  by  a  pas- 
senger to  the  company  for  transport,  and  a  duplicate  of 
such  check  shall  be  given  to  the  passenger  delivering  the 
same. 

Excess  (2)  In  the  case  of  excess  baggage  the  company  shall  be 

baggage.        entitled  to  collect  from  the  passenger,  before  affixing  any 
such  check,  the  toll  authorized  under  this  Act. 


Liability  for 
refusing  to 


(3)  If  such  check  is  improperly  refused  on  demand,  the 
check  baggage,  company  shall  be  liable  to  such  passenger  for  the  sum  of 
eight  dollars,  which  shall  be  recoverable  in  a  civil  action; 
Provided  that  this  section  shall  not  apply  to  any  train 
or  car  operated  by  electricity  unless  the  Board  so  orders. 


Transportation 
of  dangerous 
goods. 


Nature  must 
be  marked  on 
outside. 


Notice. 


Penalty. 


120.  No  passenger  shall  carry,  nor  shall  the  company 
be  required  to  carry  upon  its  railway,  gunpowder,  dyna- 
mite, nitro-glycerine,  or  any  other  goods  which  are  of  a 
dangerous  or  explosive  nature;  and  every  person  who  sends 
by  the  railway  any  such  goods  without  distinctly  mark- 
ing their  nature  on  the  outside  of  the  package  containing 
the  same,  and  otherwise  giving  notice  in  writing  to  the 
station  agent  or  employee  of  the  company  whose  duty  it 
is  to  receive  such  goods  and  to  whom  the  same  are  deliver- 
ed, or  who  carries  or  takes  upon  any  train  any  such  goods, 
for  the  purpose  of  carriao-e  shall  forfeit  to  the  company 
the  sum  of  five  hundred  dollars  for  every  such  offence. 


company  may  121.  The  company  may  refuse  to  take  any  package  or 
re  use  o  carry.  parcej  w]1ic}1  suspects  to  contain  goods  of  a  dangerous 
nature,  or  may  require  the  same  to  be  opened  to  ascertain 
the  fact;  and  the  company  shall  not  carry  any  such  goods 
bf  a  dangerous  nature,  except  in  cars  specially  designated 
for  that  purpose,  on  each  side  of  each  of  which  shall  plainly 
appear  in  large  letters  the  words  "dangerous  explosives"; 
and  for  each  neglect  to  comply  with  the  provisions  of  this 
section,  the  company  shall  incur  a  penalty  of  five  hundred 
dollars. 


Carriage  of 
such  goods 


Penalty , 


Trains  to  stop 
at  swing 
bridges. 


122. — (1)  When  any  railway  passes  over  any  navigable 
water,  or  canal,  by  means  of  a  draw  or  swing  bridge  which 
is  subject  to  be  opened  for  navigation,  every  train  shall, 
before  coming  on  or  crossing  over  such  bridge,  be  brought 
to  a  full  stop  and  shall  not  proceed  until  a  proper  signal 
has  been  given  for  that  purpose,  and  in  default  the  com- 
pany shall  be  liable  to  a  penalty  not  exceeding  four  hund- 
red dollars.  Any  employee  failing  to  comply  with  the 
miles  of  the  company  as  to  compliance  with  the  provisions 
of  this  subsection  shall  be  liable  to  the  like  penalty,  or  to 
six  months'  imprisonment,  or  to  both. 

(*) 


1906. 


RAILWAYS. 


Chap.  30.  261 


(2)  Wherever  there  is  adopted  or  in  use  on  any  railway  where  safety 
at  any  such  bridge,   an  interlocking  switch  and  signal  installed  Board 
system,  or  other  device  which,  in  the  opinion  of  the  Board,  ™d5elotherwlse 
renders  it  safe  to  permit  engines  and  trains  to  pass  over 

such  bridge  without  being  brought  to  a  stop,  the  Board 
may,  by  order,  permit  engines  and  trains  to  pass  over  such 
bridge  without  stopping,  under  such  regulations,  as  to 
speed  and  other  matters,  as  the  Board  deems  proper. 

(3)  This  section  shall  apply  to  street  railwavs.  Application  to 

street  railways. 

123.  When  any  train  is  approaching  a  highway  crossing  use  of  ben 
at  rail-level  (except  within  the  limits  of  cities  or  towns 
where  the  municipal  authority  may  pass  by-laws  prohibit- 
ing the  same),  the  engine  whistle  shall  be  sounded  at  least 
eighty  rods  before  reaching  such  crossing,  and  then  the 

bell  shall  be  rung  continuously  until  the  engine  has  crossed  non^^'pii- 
such  highway,  or  in  the  case  of  a  car  or  locomotive  oper- se- 
ating by  electricity  an  air  whistle  shall  be  blown  or  the 
gong  be  sounded    continuously    for   eighty  yards  before 
reaching  such  crossing,  and  the  company  shall,  for  each 
neglect  to  comply  with  the  provisions  of  this  section,  incur  Damages, 
a  penalty  of  eight  dollars,  and  shall  also  be  liable  for  all  penalty  on 
damage  sustained  by  any  person  by  reason  of  such  neglect ;  employee, 
and  every  employee  of  the  company  who  neglects  to  com- 
ply with  this  section  shall  for  each  offence  be  subject  to 
a  like  penalty. 

124.  — (1)  No  train,  engine  or  motor  car  shall  pass  over  signal  at  raii- 
any  crossing  where  two  main  lines  of  railway  cross  each  level  crossinss- 
other  at  rail-level,  until  a  proper  signal  has  been  received 

by  the  conductor,  engineer  or  motorman  in  charge  of  such 
train,  engine  or  motor  car  from  a  competent  person  or 
watchman  in  charge  of  such  crossing  that  the  way  is  clear ; 
provided  always,  that  in  the  case  of  an  electric  street  rail-  Kiectric  street 
way  car  crossing  any  railway  track  not  properly  protected,  crossings, 
it  shall  be  the  duty  of  the  conductor,  before  crossing,  to 
go  forward  and  see  that  the  track  to  be  crossed  is  clear, 
before  giving  the  siernal  to  the  motorman,  that  the  way 
is  clear  and  to  proceed. 

(2)  Every  main  track  of  a  branch  line  is  a  main  line  Application  of 
within  the  meaning  of  this  section,  which  shall  apply,  !'ectlon- 
whether  the  said  lines  be  owned  by  different  companies 

or  by  the  same  company. 

(3)  Every  train  shall,  before  it  passes  over  any  such  stoppage  of 
crossing  as  in  this  section  mentioned,  be  brought  to  a  full  level  crossings, 
stop;  but  whenever  there  is  in  use,  at  any  such  crossing, 

an  interlocking  switch  and  signal  system,  or  other  device 
which,  in  the  opinion  of  the  Board,  renders  it  safe  to  per- where  safety 
mit  engines  and  trains  or  electric  cars  to  pass  over  such  f^taHed  Board 
crossing  without  being  brought  to  a  stop,  the  Board  may,  Onrderotherwi9e 
by  order,  permit  such  engines  and  trains  and  cars  to  pass 
over  such  crossing  without  stopping,  under  such  regula- 
tions 


262 


Chap.  30. 


RAILWAYS. 


6  Eow.  VII 


Penalty 


tions  as  to  speed  and  other  matters  as  the  Board  deems 
proper. 

(4)  Nothing  in  this  section  shall  apply  to  a  case  in  which 
the  Dominion  Railway  Commission  has  jurisdiction  to  make 
an  order  and  has  made  an  order  for  the  protection  of  such 
crossing. 

Trains,  or  cars  125.  Whenever  in  any  city,  town  or  village,  any  train 
reversely  in  ^s  passing  over  or  along  a  highway  at  rail-level,  and  is  not 
cities,  etc.  headed  by  an  engine  or  motor  car  moving  forward  in  the 
ordinary  manner,  the  company  shall  station  on  the  then 
foremost  part  of  the  train,  a  person  who  shall  warn  per- 
sons standing  on,  or  crossing,  or  about  to  cross,  the  track 
of  such  railway;  and  for  every  violation  of  any  of  the  pro- 
visions of  this  section,  or  of  either  of  the  two  sections  next 
preceding,  the  company  shall  incur  a  penalty  of  one  hund- 
red dollars. 

Trains  must  not     126. — (1)  Whenever  any  railway  crosses  any  highway  at 
level  crossings  rail-level,  the  company  shall  not,  nor  shall  its  officers, 
minutesan  flve  aSen^s>  or  employees,  wilfully  permit  any  engine,  tender 
-  or  car,  or  any  portion  thereof,  to  stand  on  any  part  of  such 
highway,  for  a  longer  period  than  five  minutes  at  one  time, 
or  in  shunting  to  obstruct  public  traffic  for  a  longer  period- 
than  five  minutes  at  any  one  time. 

(2)  In  every  case  of  k  violation  of  this  section,  every  such 
officer,  agent,  or  employee  who  has  directly  under  or  sub- 
ject to  his  control,  management  or  direction,  any  engine, 
tender  or  car  which,  or  any  portion  of  which,  is  allowed 
to  stand  on  such  highway,  longer  than  the  time  specified 
in  this  section,  is  liable  on  summary  conviction  to  a  pen- 
alty not  exceeding  fifty  dollars,  and  the  company  is  also 
liable  for  each  such  violation,  to  a  like  penalty ;  provided 
always  that  if  such  alleged  violation  is  in  the  opinion  of 
the  court  excusable,  the  action  for  the  penalty  may  be 
dismissed;  and  costs  shall  be  in  the  discretion  of  the  court. 

Sleeping  and  Parlor  Cars. 

127.  The  company  may  contract  with  any  person 
for  the  hauling  by  the  special  or  regular  trains  of  the  com- 
pany, of  the  parlor,  drawing-room  or  sleeping  car  or  cars  of 
such  person,  in  which  extra  accommodations  shall  be  fur- 
nished, for  which  such  person  furnishing  such  parlor,  draw- 
ing-room or  sleeping  car  or  cars,  may  charge  for  the  car- 
riage and  transportation  of  persons  and  property  therein 
such  reasonable  compensation  as  may  be  fixed  by  the  Board, 
for  such  extra  accommodation,  in  addition  to  the  fare  and 
charges  for  the  carriage  and  transportation  of  passengers 
and  property  in  the  ordinary  cars  of  the  company.  But  the 
company  so  contracting  shall  be  liable  in  the  same  way  and 
to  the  same  extent  as  if  the  said  car  or  cars  were  owned  by 
it,  and  shall  furnish  sufficient  ordinary  cars  for  the  reason- 
able accommodation  of  the  travelling  public. 

128 


Where 

violation 

excusable 


Sleeping  and 
parlor  cars. 


1906. 


RAILWAYS. 


Chap.  30. 


263 


Stations. 


128.  — (1)  The   company  shall,  according  to  its  powers,  Accommoda- 
furnish,  at  the  place  of  starting  and  at  the  junction  of  the  passengers  and 
railway  with  other  railways,  and  at  all  stopping  places  ^atfm^1 
established  for  such  purpose,  adequate  and  suitable  accom- 
modation for  the  receiving  and  loading  of  all  traffic  offered  . 

for  carriage  upon  the  railway, — and  shall  furnish  ade-  Train  accom- 
quate  and  suitable  accommodation  for  the  carrying,  un- modat,on- 
loading  and  delivering   of   all   such   traffic, — and  shall,  Duties  respect- 
without  delay,  and  with  due  care  and  diligence,  receive,  PoftaUon.  ="" 
carry  and  deliver  all  such  traffic,  and  shall  furnish  and 
use  all  proper  appliances,  accommodation  and  means  neces- 
sary therefor. 

(2)  Such  traffic  shall  be  taken,  carried  to  and  from,  and  J^y™egnt 
delivered  at  such  places,  on  the  due  payment  of  the  toll 
lawfully  payable  therefor. 

(3)  Every  person  aggrieved  by  any  neglect  or  refusal  in  Right  of  action 
the  premises  shall,  subject  to  this  Act,  have  an  action ondefault- 
therefor  against  the  company,  from  which  action  the  com- 
pany shall  not  be  relieved  by  any  notice,  condition  or  de- 
claration or  any  agreement  to  the  contrary  if  the  damage  against0" 
arises  from  any  negligence  or  omission  of  the  company  or  ^'if!"06 

of  its  servants. 

(4)  If  in  any  case  such  accommodation  is  not,  in  the  4ceommoda- 
opinion  of  the    Board,  furnished    by   the  company,  the  ordered  by 
Board  may  order  the  company  to  furnish  the  same  within  Board- 
such  time  or  during  such  period  as  the  Board  deems  ex- 
pedient, having  regard  to  all  proper  interests. 

(5)  No  station  established  by  any  railway  company  for  Stations  not  to 
the  reception  or  delivery  of  passengers  or  property,  or  unued.0" 
both,  shall   be    discontinued   without  the  consent  of  the 

Board  first  had  and  obtained. 

(6)  Upon  the  written  complaint  of  ten  or  more  persons  complaint  of 
interested  setting  forth  that  any  of  the  provisions  of  this  to^tatiorfac" 
Act  as  to  station  accommodation  or  stopping  places  are  commodation. 
being  violated  by  the  company  the  Board  shall  forthwith 
investigate  the  complaint.  If  upon  such  investigation  it  is 

found  that  such  violation  exists  the  Board  shall  issue  an 
order  to  the  company  setting  forth  the  nature  of  the 
improvements  required  and  shall  direct  that  the  same  shall 
be  completed  within  such  time  as  the  Board  may  think 
proper. 

Blackboards  showing  whether  Trains  on  Time. 

129.  — (1)  Every  company,  upon  whose  railway  there  is  a  overdue  trains, 
telegraph  or  telephone  line  in    operation,  shall   have  a 
blackboard  put  upon  the  outside  of  the  station  house,  over 

the 


264 


Chap.  30. 


RAILWAYS. 


6  EDW.  YII 


Notice  at        the  platform  of  the  station,  in  some  conspicuous  place  at 
stations         each  station  of  such  company  at  which  there  is  a  telegraph 
or  telephone  office;  and  when  any  passenger  train  or  car  is 
overdue  at  any  such  station,  according  to  the  time  table  of 
such  company,  the  station  agent  or  person  in  charge  at 
such  station,  shall  write,  or  cause  to   be   written,  with 
ex^ected6to  be  wn^e  chalk  on  such  blackboard,  a  notice  stating,  to  the 
stated.  best  of  his  knowledge  and  belief,  the  time  when  such  over- 

due train  or  car  may  be  expected  to  reach  such  station ; 
and  if  there  is  any  further  change  in  the  expected  time  of 
arrival  the  station  agent  or  person  in  charge  of  the  station 
shall  write,  or  cause  to  be  written  on  the  blackboard  in 
like  manner,  a  fresh  notice  stating,  to  the  best  of  his 
knowledge  and  belief,  the  time  when  such  overdue  train 
or  car  may  then  be  expected  to  reach  such  station. 

Penalty  for         (2)  Every  such  company,    station   agent   or  person  in 

omission.  i  ,  ■•      r~  .  •   ,  • 

charge  at  any  such  station,  is,  on  summary  conviction, 
liable  to  a  penalty  not  exceeding  five  dollars  for  every  wil- 
ful neglect,  omission  or  refusal  to  obey  the  provisions  of 
this  section. 

MUNICIPAL  BONUSES  AND  LOANS. 

Aid  from  130.  Any  municipality,  or  any  portion  of  a  township 

municipalities.  municipaiity,  which  may  be  interested  in  securing  the  con- 
struction of  the  railway,  or  through  any  part  of  which  or 
near  which  the  railway  or  works  of  the  company  shall 
pass  or  be  situate  may  aid  the  company  by  giving  money 
or  debentures,  by  way  of  bonus,  gift  or  loan,  or  by  the  guar- 
antee of  the  municipal  corporation,  under  and  subject  to 
the  provisions  hereinafter  contained;  provided  always, 
that  such  aid  shall  not  be  given  except  after  the  passing 
of  a  by-law  for  the  purpose  and  the  adoption  of  such  by- 
law by  the  qualified  ratepayers  of  the  municipality  or 
portion  of  the  municipality  (as  the  case  may  be)  in  ac- 
cordance with  and  as  provided  by  law  in  respect  to  grant- 
ing aid  by  way  of  bonuses  to  railways. 

submitting         131.  Such  by-law  shall  be  submitted  by  tha  municipal 
bonus  by-law.  council  to  a  vote  of  the  ratepayers  in  manner  following, 
namely : 

(1)  The  proper  petition  shall  first  be  presented  to  the 

council  expressing  the  desire  to  aid  the  railway  and  stat- 
ing in  what  way  and  for  what  amount;  and  the  council 
shall  within  six  weeks  after  the  receipt  of  such  petition 
by  the  clerk  of  the  municipality,  introduce  a  by-law  to 
the  effect  petitioned  for,  and  submit  the  same  to  the  ap- 
proval of  the  qualified  voters. 

(2)  In  the  case  of  a  county  municipality,  the  petition 
shall  be  that  of  a  majority  of  the  members  of  the  county 
council  or  of  fifty  resident   freeholders    in   each  of  the 

minor 


Proviso. 


1906. 


KAIL  WAYS . 


Chap.  30.  265 


minor  municipalities  of  the  county  who  are  qualified  vot- 
ers under  The  Consolidated  Municipal  Act,  1903,  and  the  * E^w- VI1 
amendments  thereto. 

(3)  In  the  case  of  other  municipalities  the  petition  shall 
be  that  of  a  majority  of  the  council  thereof,  or  fifty  resi- 
dent freeholders,  being  duly  qualified  voters  under  The 
Consolidated  Municipal  Act,  1903,  and  amendments  there- ^ E^w- V1L 
to  as  aforesaid.  *> 

(4)  In  the  case  of  a  section  of  a  township  municipality 

the  petition  is  to  be  presented  to  the  council  defining  the 
section  by  metes  and  bounds,  or  lots  and  concessions,  and 
shall  be  that  of  a  majority  of  the  council  of  such  town- 
ship municipality,  or  of  fifty  resident  freeholders  in  such 
section  of  the  municipality,  being  duly  qualified  voters 
as  aforesaid. 


132.  Such  by-law  shall  in  each  instance  provide:  Bonus  by-law 

J  r  what  to 

(a)  For  raising  the  amount  petitioned  for  in  the  muni- 
cipality or  portion  of  the  township  municipality,  (as  the 
case  may  be),  mentioned  in  the  petition,  by  the  issue  of 
debentures  of  the  county  or  minor  municipality,  respec- 
tively, and  shall  also  provide  for  the  delivery  of  the  said 
debentures,  or  the  application  of  the  amount  to  be  raised 
thereby,  as  may  be  expressed  in  the  said  by-law. 

(6)  For  assessing  and  levying  upon  all  rateable  pro- 
perty lying  within  the  municipality  or  portion  of  the 
township  municipality  defined  in  the  said  by-law  (as  the 
case  may  be),  an  annual  special  rate,  sufficient  to  include 
i)  sinking  fund  for  the  repayment  of  the  said  debentures 
within  twenty  years  with  interest  thereon,  payable  yearly 
or  half-yearly,  which  debentures  the  respective  municipal 
councils,  wardens,  mayors,  reeves  and  other  officers  there- 
of, are  hereby  authorized  to  execute  and  issue  in  such  cases 
respectively. 

133.  In  case  of  aid  from  a  county  municipality,  fifty  petition 
resident  freeholders  of  the  county  may  petition  the  county  gainst  aid 

,  t  •  t     i      t  i     from  county 

council  against  submitting  the  said  by-law,  upon  the 
ground  that  certain  minor  municipalities  or  portions 
(hereof,  comprised  in  the  said  by-law,  would  be  injuri- 
ously affected  thereby,  or  upon  any  other  ground  ought 
not  to  be  included  therein,  and  upon  deposit  by  the  peti- 
tioners, with  the  treasurer  of  the  county,  of  a  sum  suffi- 
cient to  defray  the  expenses  of  such  reference,  the  said 
council  shall  forthwith  refer  the  said  petition  to  the  Board 
who  shall  have  power  to  confirm  or  amend  the  said  by- 
law by  excluding  any  minor  municipality,  or  any  section 
thereof,  therefrom,  and  the  by-law  so  confirmed  or  amended 
shall  thereupon,  at  the  option  of  the  railway  company, 
be  submitted  by  the  council  to  the  duly  qualified  voters, 

and 


266 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


and  in  case  the  by-law  is  confirmed  by  the  Board  the 
expenses  of  the  reference  shall  be  borne  by  the  petitioners 
against  the  same,  but  if  amended,  then  by  the  railway 
company  or  the  county  or  in  such  proportions  between  the 
company  and  the  county  as  the  Board  may  order. 

municipality  134.  The  term  "minor  municipality"  shall  be  construed 
meaning  of.     to  mean  any  town   not   separated   from  the  municipal 

county,  township  or  incorporated  village  situate  in  the 

county  municipality. 

madebefore6  Before  any  such  by-lay  is  submitted,  the  railway 

by  law  company  shall,  if  required,  deposit  with  the  treasurer  of 

submitted.  ^e  municipality,  a  sum  sufficient  to  pay  the  expenses  to 
be  incurred  in  submitting  the  said  by-law. 

paw  by-law  if  136.  In  case  the  by-law  submitted  be  approved  of  and 
ratepayers*0  by  carried,  in  accordance  with  the  provisions  of  the  law  in 
that  behalf,  then  within  four  weeks  after  the  date  of  such 
voting  it  shall  be  the  duty  of  the  municipal  council  which 
submitted  the  same  to  read  the  said  by-law  a  third  time 
and  pass  the  same. 

debentures.  137.  Unless  otherwise  provided  in  the  by-law,  the  said 
council  and  the  mayor,  warden,  reeve  or  other  officers 
thereof,  within  one  month  after  the  passing  of  such  by- 
law, shall  issue  or  dispose  of  the  debentures  provided  for 
by  the  by-law,  and  deliver  the  same,  duly  executed,  to 
the  trustees  appointed,  or  to  be  appointed  under  this  Act. 

Levying  rate       138.  In  case  any  such  loan,  guarantee  or  bonus,  be  so 

on  portion  of  •    i  -i  •  o  -P  •  •   •      t  i 

municipality,  granted  by  a  portion  of  a  township  municipality,  the  rate 
to  be  levied  for  payment  of  the  debentures  issued  therefor, 
and  the  interest  thereon,  shall  be  assessed  and  levied  upon 
such  portion  only  of  such  municipality. 

Application  of  139.  The  provisions  of  The  Consolidated  Municipal  Act, 
3Edw!vnof  1903 ;  and  .tne  amendments  thereto,  so  far  as  the  same  are 
«■  is.  not  inconsistent  with  this  Act,  shall  apply  to  any  by-law 

so  passed  by  or  for  a  portion  of  a  township  municipality, 
to  the  same  extent  as  if  the  same  had  been  passed  by  or  for 
the  whole  municipality. 

Councils  may  140.  The  councils  for  all  corporations  that  may  grant 
for^commence-  a*d  by  way  of  bonus  to  the  company  may,  by  resolution 
ment.  nr  hy-law  extend  the  time  for  the  commencement  of  the 

work  beyond  that  stipulated  for  in  the  by-law  or  by-laws 
granting  such  aid,  from  time  to  time:  provided  that  no 
such  extension  shall  be  for  a  longer  period  than  one  year. 

councils  may  141.  The  council  of  any  municipality  that  may  "rant 
extend  time        •  i  -i  c    i  a  i  •  i 

/or completion  ain  hv  way  ot   bonus,  to  the   company,  may  by  resolu- 
tion 


1906. 


RAILWAYS . 


Chap.  30.  267 


tion  or  by-law,  extend  the  time  for  the  completion  of 
the  works  (on  the  completion  of  which  the  company  would 
be  entitled  to  such  bonus),  from  time  to  time,  provided 
that  no  such  extension  shall  be  for  a  longer  period  than 
one  year  at  a  time. 

142.  Any  municipality,  or  portion  of  a  township  muni- Extent  of  aid 
cipality  interested  in  the  construction  of  the  railway  of  pa°iit{™unici~ 
the  company  may  grant  aid  by  way  of  bonus  to  the  com- 
pany towards  the  construction  of  such  railway,  notwith- 
standing that  such  aid  may  increase  the  municipal  taxa- 
tion of  such  municipality,  or  portion  thereof,  beyond  what 
is  allowed  by  law;  provided  that  such  aid  shall  not  re-Proviso- 
quire  the  levying  of  a  greater  aggregate  annual  rate  for 
all  purposes  exclusive  of  school  rates,  than  three  cents 
in  the  dollar  upon  the  value  of  the  rateable  property 
therein. 


143.  Any  municipality  through  which  the  railway  may 
pass  or  in  which  the  railway  or  part  of  it  is  situate 
is  empowered  to  grant,  by  way  of  gift  to  the  com- 
pany, any  lands  belonging  to  such  municipality,  or 
over  which  it  may  have  control,  which  may  be  required 
for  right  of  way,  station  grounds  or  other  purposes  con- 
nected with  the  running  or  traffic  of  the  railway,  and  the 
railway  company  shall  have  power  to  accept  gifts  of  land 
from  any  government,  or  any  person  or  body,  corporate 
or  politic,  and  shall  have  power,  when  the  same  are  no 
longer  required  or  necessary  for  the  purposes  of  the  com- 
pany, to  sell  or  otherwise  dispose  of  the  same  for  the  bene- 
fit of  the  company. 


144.  Whenever  any  municipality  or  portion  of  a  town-  Trustees  of 
ship  municipality  shall  grant  aid  by  way  of  bonus  or  gift  debentures, 
to  the  company,  the  debentures  therefor  shall  within  six 
months  after  the  passing  of  the  by-law  authorizing  the 
same,  be  delivered  to  three  trustees  to  be  named,  one  by 
the  Board,  one  by  the  said  company,  and  one  by  the  ma- 
jority of  the  heads  of  the  municipalities  which  have 
granted  bonuses,  all  of  the  trustees  to  be  residents  of  the 
Province  of  Ontario ;  provided  that  if  the  said  heads  of 
the  municipalities  shall  refuse  or  neglect  to  name  such 
trustee  within  one  month  after  notice  in  writing  of  the 
appointment  of  the  company's  trustee,  or  if  the  Board 
shall  omit  to  name  such  trustee  within  one  month  after 
notice  in  writing  to  the  Board  of  the  appointment  of  the 
other  trustees,  then  in  either  case  the  company  shall  be  at 
liberty  to  name  such  other  trustee  or  other  trustees ;  any  of 
the  said  trustees  may  be  removed  and  a  new  trustee  ap- 
pointed in  his  place  at  any  time  by  the  Board,  and  in  case 
any  trustee  dies  or  resigns  his  trust,  or  goes  to  live  out 
of  the  Province  of  Ontario  or  otherwise  becomes  incap- 
able 


268 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


Trusts  of 
proceeds  of 
debentures. 


Fees  of 
trustees. 


Mayor,  etc., 
to  be  ex  officio 
a  director  in 
certain  cases. 


Application 
to  street 
railways 


able  of  acting,  his  trusteeship  shall  become  vacant  and  a 
new  trustee  may  be  appointed  by  the  Board. 

145.  The  said  trustees  shall  receive  the  said  debentures 
or  bonds  in  trust,  firstly,  under  the  directions  of  the  com- 
pany but  subject  to  the  conditions  of  the  by-law  in  rela- 
tion thereto  as  to  time  or  manner,  to  convert  the  same  into 
money  or  otherwise  dispose  of  them;  secondly,  to  deposit 
the  debentures  or  amount  realized  from  the  sale  in  some 
chartered  bank  having  an  office  in  the  Province  of  On- 
tario in  the  name  of  "The   Eailway  Municipal 

Trust  Account,"  and  to  pay  the  same  out  to  the  company 
from  time  to  time  as  the  companv  becomes  entitled  there- 
to, under  the  conditions  of  the  by-law  granting  the  said 
bonus  and  on  the  certificate  of  the  chief  engineer  of  the 
said  railway  for  the  time  being,  in  the  form  set  out  in 
Schedule  "A"  hereto,  or  to  the  like  effect,  which  certificate 
shall  set  forth  that  the  conditions  of  the  by-law  have  been 
complied  with,  and  is  to  be  attached  to  the  cheque  or  order 
drawn  by  the  said  trustees  for  such  payment  or  delivery 
of  debentures,  and  such  engineer  shall  not  wrongfully 
grant  any  such  certificate  under  a  penalty  of  $500,  re- 
coverable in  any  court  of  competent  jurisdiction  by  any 
person  who  may  sue  therefor. 

146.  The  trustees  shall  be  entitled  to  their  reasonable 
fees  and  charges  from  the  said  trust  fund,  and  the  act  of 
any  two  of  such  trustees  shall  be  as  valid  and  binding  as 
if  the  three  had  agreed. 

147.  The  mayor,  warden,  reeve,  or  other  chief  officer  of 
such  municipal  corporation  granting  a  bonus  or  gift  to 
the  company  to  the  amount  of  $20,000,  or  upwards,  shall 
be  ex  officio  one  of  the  directors  of  the  company,  in  addi- 
tion to  the  number  of  directors  authorized  by  the  special 
Act,  and  shall  have  the  same  rights,  powers  and  duties 
as  any  of  the  directors  of  the  company. 

148.  The  sections  respecting  municipal  bonuses  and 
loans,  being  sections  130  to  147  inclusive,  shall  apply  to 
street  railway  companies. 


EXEMPTIONS  FROM  TAXATION. 


By-law  grant-      149 — (1)  The  council  of  any  municipality  through  any 

ingexempuon  x   '.  „  J  .    c    ..  .«'  .   °.  J 

from  taxation,  part  of  which  the  railwav  passes,  or  m  wnicn  it  is  situate 
may  by  by-law  especially  passed  for  that  purpose,  exempt 
the  company  and  its  property  within  such  municipality, 
either  in  whole  or  in  part  from  municipal  taxation,  but 
not  including  taxation  for  school  purposes,  or  fix  a  cer- 
tain sum  per  annum,  or  otherwise,  by  way  of  commuta- 
tion, or  in  lieu  of  all  or  any  municipal  rates  or  taxes,  and 
for  such  term  of  years  not  exceeding  twenty-one  years  as 

such 


1906. 


RAILWAYS. 


Chap.  30.  269 


such  municipal  council  may  deem  expedient,  and  no 
such  by-law  shall  be  repealed  unless  in  conformity  with  a 
condition  contained  therein. 

(2)  This  section  shall  apply  to  street  railway  companies.  Application 

to  street 
railways. 

BY-LAWS,  RULES  AND  REGULATIONS. 

150.  The   company  may,  subject  to  the  provisions  and  by-iaPws 5 
restrictions  in  this  and  in  the  Special  Act,  contained,  resP^tins- 
make  by-laws,  rules  or  regulations  respecting — 

(a)  The  mode  by  which,  and  the  speed  at  which,  anySpeed" 
rolling  stock  used  on  the  railway  is  to  be  moved; 

(b)  The  hours  of  the  arrival  and  departure  of  trains;  Timetables. 

(c)  The  loading  or  unloading  of  cars,  and  the  weights  Loads, 
which  they  are  respectively  to  carry; 

(d)  The  receipt  and  delivery  of  traffic;  refutations. 

(e)  The  smoking  tobacco,  expectorating,  and  the  com- Nuisances, 
mission  of  any  nuisance  in  or  upon  trains,  stations  or 

other  premises  occupied  by  the  company; 

(/)  The  travelling  upon,  or  the  using  or  working  of,  the  traffic  and 
railway ; 

(g)  The  employment  and  conduct  of  the  officers  and  em-  Conduct, 
ployees  of  the  company; 

(h)  The  due  management  of  the  affairs  of  the  company ;  Management, 
and 

(i)  The  number  of  passengers  to  be  allowed  in  cars,  their  Passengers, 
mode  of  entrance  or  exit,  and  the  portion  of  the  car  or  the 

class  of  car  to  be  occupied  by  them. 

151.  The  company  may,  for   the  better  enforcing:  the  Penalty  for 

i  j»  ii    tT     1  i  n   j  •  pc     i    violation  of 

observance  of  any  sucn  by-law,  rule  or  regulation  afreet-  by-laws- 
ing  the  officers  or  employees  of  the  company  prescribe  in 
such  by-law  a  penalty  not  exceeding  forty  dollars  for  any 
violation  thereof. 

152.  All  by-laws,  rules  and  regulations  whether  made  Essentials  to 
by  the  directors  or  the  company  shall  be  reduced  to  writ- by-'iaw7  °f 
ing,  be  signed  by  the  chairman  or  person  presiding  at  the 
meeting  at   which  they  are  adopted,  have  affixed  thereto 

the  common  seal  of  the  company,  and  be  kept  in  the  office 
of  the  company. 

153.  All   such  by-laws,   rules  and  regulations,   except  Must°e 

,  .  •      ,  j  ,•        s.  jj        *\  approved  by 

sucn  as  are  of  a  private  or  domestic  nature  and  do  not  Board, 
affect  the  public  generally,  shall  be  submitted  to  the  Board 
for  approval.    The  Board  may  sanction  them  or  any  of 
them,  or  any  part  thereof,  and  may  from  time  to  time,  res- 
cind the  sanction  of  any  such  by-law,  rule  or  regulation  or 

of 


270  Chap.  30.  railways.  6  Edw.  VII 


of  any  part  thereof.  Except  when  so  sanctioned  no  such 
by-law,  rule  or  regulation  shall  have  any  force  or  effect. 

P^cation  of  154.  ^  printed  copy  of  so  much  of  any  by-law,  rule  or 
regulation,  as  affects  any  person,  other  than  the  share- 
holders, or  the  officers  or  employees  of  the  company,  shall 
be  openly  affixed,  and  kept  affixed,  to  a  conspicuous  part 
of  every  station  belonging  to  the  company,  so  as  to  give 
public  notice  thereof  to  the  persons  interested  therein  or 
affected  thereby. 

Pupation  of      155.  A.  printed  copy  of  so  much  of  any  by-law,  rule  or 
affecting etc''   regulation  as  relates  to  the  conduct  of  or  affects  the  officers 
employees.     Qr  empioyees  Gf  the  company,  shall  be  given  to  every 
officer  and  employee  of  the  company  thereby  affected. 

By-laws,  etc.,       156.  Such   by-laws,  rules  and  regulations  when  so  ap- 
approv!dVhen  proved  shall  be  binding  upon,  and  observed  by,  all  per- 
sons, and  shall  be  sufficient  to  justify  all  persons  acting 
thereunder. 


Summary 
interference 
in  certain 
cases . 


157.  If  the  violation  or  non-observance  of  any  by-law, 
rule  or  regulation,  is  attended  with  danger  or  annoyance 
to  the  public,  or  hindrance  to  the  company  in  the  lawful 
use  of  the  railway,  the  company  may  summarily  interfere, 
using  reasonable  force,  if  necessary,  to  prevent  such  vio- 
lation, or  to  enforce  observance,  without  prejudice  to  any 
penalty  incurred  in  respect  thereof. 


Evidence.  158.  A  copy  of  any  by-law,  rule  or  regulation,  certified 

as  correct  by  the  president,  secretary  or  other  executive 
officer  of  the  company  and  bearing  the  seal  of  the  com- 
pany, shall  be  evidence  thereof  in  any  court. 


By-laws,  etc-,  All  by-laws,  rules  and  regulations  of  a  company  oper- 

agreemente*-^0  a^nS  ^s  railway  by  electricity  partially  or  wholly  on  a 
with  municf~  highway  or  of  a  street  railway  company  shall  be  subject 
to  any  agreement  that  may  have  been  made  by  such  com- 
pany and  the  municipal  corporation  owning  or  maintain- 
taining  such  highway. 

NOTICES  OF  BY-LAWS,  ETC. 

Hownoticeiof  160.  Notice  of  any  by-law  or  of  any  "order  or  notice 
orders  may  be  of  the  company  affecting  any  officer  or  employee  thereof 
proved  may  be  proved  by  proving  the  delivery  of  a  copy  thereof 

to  such  officer  or  employee,  or  that  such  officer  or  employee 
signed  a  copy  thereof,  or  that  a  copy  thereof  was  posted 
in  some  one  place  where  his  work  or  his  duties,  or  some  of 
them,  were  to  be  performed. 

sees1 1^*160 'to     1^1.  The  sections  relating  to  "By-laws,  Rules  and  Regu- 
street  railways  lations,"  being  sections  150  to  160  inclusive,  shall  apply  to 
street  railways  and  street  railway  companies. 

162 


1906. 


RAILWAYS. 


Chap.  30. 


271 


Inspection  of  Railways. 

Inspecting  Engineers. 

162. — (1)  Inspecting-  engineers  may  be  appointed  by  the  Appointment 
Board,  subject  to  the  approval  of  the  Lieutenant-Governor  engineers, 
in  Council. 

(2)  It  shall  be  the  duty  of  every  such  inspecting  engineer,  Duties, 
upon  being  directed  by  the  Board,  to  inspect  any  railway, 

or  any  branch  line,  siding  or  portion  thereof  whether  con- 
structed, or  in  the  course  of  construction,  to  examine  the 
stations,  rolling  stock,  rails,  road  bed,  right  of  way,  tracks, 
bridges,  tunnels,  trestles,  viaducts,  drainage,  culverts, 
railway  crossings  and  junctions,  highway  and  farm  cross- 
ings, fences,  gates  and  cattle-guards,  telegraph,  telephone, 
or  other  lines  of  electricity,  and  all  other  buildings,  works, 
structures,  equipment,  apparatus,  and  appliances  thereon, 
or  to  be  constructed  or  used  thereon,  or  such  part  thereof 
as  the  Board  may  direct,  and  forthwith  to  report  fully 
thereon  in  writing  to  the  Board. 

(3)  Every  such  inspecting  engineer  shall  be  vested  with  Powers  of 

n  iu  j  .  i    •  l-  inspection. 

all  tne  powers  m  regard  to  any  such  inspection  as  are  pro- 
vided in  section  49  of  "The  Ontario  Railway  and  Municipal 
Board  Act,  1906 r 

(4)  Every  company,  and  the  officerei  and  directors  thereof,  Duties  of 
shall  afford  to  any  inspecting  engineer  such  information  as  respecting 
is  within  their  knowledge  and  power,  in  all  matters  inquir- insPectins 
ed  into  by  him,  and  shall  submit  to  such  inspecting  engin- engineer&' 
eer  all  plans,  specifications,  drawings  and  documents  re- 
lating to  the  construction,  repair,  or  state  of  repair,  of  the 
railway,  or  any  portion  thereof. 

(5)  Every  such  inspecting  engineer  shall  have  the  right,  inspecting 
while  engaged  in  the  business  of  such  inspection,  to  travel  ^^1™", 
without   charge  on  any  of  the  ordinary  passenger  trains  free. 
running  on  the  railway,  and  to  use  without  charge  the  tele- 
graph wires  and  machinery  in  the  offices  of,  or  under  the  wire^etT1* 
control  of,  any  such  company. 


(6)  The  operators,  or  officers,  employed  in  the  telegraph  Trat 
offices  of,  or  under  the  control  of,  the  company,  shall,  with- of  telegrams 
out  unnecessary  delay,  obey  all  orders  of  any  such  inspect- 
ing engineer  for  transmitting  messages;  and  every  such 
operator  or  officer,  who  neglects  or  refuses  so  to  do,  shall, 

for  every  such  offence,  be  liable,  on  summary  conviction,  ^aUy  upon 
to  a  penalty  of  forty  dollars. 

(7)  The  production  of  his  appointment  in  writing,  signed  Proof  of 
by  the  Chairman  of  the  Board,  or  the  Secretary,  shall  be  S&S^' 

sufficient 


272 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


Penalty  for 
obstructing 
inspecting 
engineers. 


Leave  of 
Board  before 
opening. 


Proceedings. 
Affidavit. 


sufficient  evidence  of  the  authority  of  such  inspecting 
engineer. 

(8)  Every  person  who  wilfully  obstructs  any  inspecting 
engineer  in  the  execution  of  his  duty,  is  liable,  on  sum- 
mary conviction,  to  a  penalty  not  exceeding  forty  dollars; 
and  in  default  of  payment  thereof  forthwith,  or  within 
such  time  as  the  convicting  justices  or  justices  of  the  peace 
appoint,  to  imprisonment  with  or  without  hard  labour  for 
any  term  not  exceeding  three  months. 

Inspection  of  Line. 

163. — (1)  No  railway,  or  any  portion  thereof,  shall  be 
opened  for  the  carriage  of  traffic,  other  than  for  the  pur- 
poses of  the  construction  of  the  railway  by  the  company, 
until  leave  therefor  has  been  obtained  from  the  Board,  as 
hereinafter  provided. 

(2)  When  the  company  is  desirous  of  so  opening  its  rail- 
way, or  any  portion  thereof,  it  shall  make  an  application 
to  the  Board,  supported  by  affidavit  of  its  president,  secre- 
tary, engineer  or  one  of  its  directors,  to  the  satisfaction  of 
the  Board,  alleging  that  the  railway,  or  portion  thereof, 
desired  to  be  so  opened  is  in  his  opinion  sufficiently  com- 
pleted for  the  safe  carriage  of  traffic,  and  ready  for  inspec- 
tion, and  requesting  the  Board  to  authorize  the  same  to  be 
opened  for  such  purpose. 


inspection.  (3)  Before  granting  such  application  the  Board  shall  di- 
rect an  inspecting  engineer  to  examine  the  railway,  or  por- 
tion thereof,  proposed  to  be  opened,  and  if  the  inspecting 
engineer  reports  to  the  Board,  after  making  such  examin- 
when  opening  ation,  that  in  his  opinion  the  opening  of  the  same  for  the 
carriage  of  traffic  will  be  reasonably  free  from  danger  to 
the  public  using  the  same,  the  Board  may  make  an  order 
granting  such  application,  in  whole  or  in  part,  and  may 
name  the  time  therein  for  the  opening  thereof,  and  there- 
upon the  railway,  or  such  portion  thereof  as  is_  authorized 
by  the  Board,  may  be  opened  for  traffic  in  accordance  with 
such  order. 


reported  to 
be  safe 


Order  of 
Board . 


When  opening 

reported 

dangerous 


Notice  to  be 
served  on 
company. 


(4)  But  if  such  inspecting  engineer,  after  the  inspection 

of  the  railway,  or  the  portion  thereof,  shall  report  to  the 
Board  that  in  his  opinion  the  opening  of  the  same  would 
be  attended  with  danger  to  the  public  using  the  same,  by 
reason  of  the  incompleteness  of  the  works  or  permanent 
way,  or  the  insufficiency  of  the  construction  or  equipment 
of  such  railway  or  portion  thereof,  he  shall  state  in  his 
report  the  reasons  for  such  opinion,  and  the  company  shall 
be  entitled  to  notice  thereof,  and  shall  be  served  with  a 
copy  of  such  report  and  reasons,  and  the  Board  may  re- 
fuse such  application,  in  whole  or  in  part,  or  may  direct 
a  further  or  other  inspection  and  report  to  be  made. 

(5) 


1906. 


RAILWAYS. 


Chap.  30.  273 


(5)  If  thereafter  upon  such  further  or  other  inspection  Or  Provision  for 
upon  a  new  application  under  this  section,  the  inspecting  inspection, 
engineer  reports  that  such  railway,    or  portion  thereof, 

may  be  opened  without  danger  to  the  public,  the  Board  order  for 
may  make  the  like  order  as  provided  in  subsection  3  0fopemng- 
this  section  and  thereupon  the  railway,  or  such  portion 
thereof,  as  is  authorized  by  the  Board,  may  be  opened  for 
traffic  in  accordance  therewith. 

v 

(6)  The  Board,  upon  being  satisfied  that  public  conven-  Leave  to  carry 
ience  will  be  served  thereby,  may,  after  obtaining  a  report freighttiaffic' 
of  an  inspecting  engineer,    allow  the   company  to  carry 

freight  traffic  over  any  portion  of  the  railway  not  opened 
for  the  carriage  of  traffic  in  accordance  with  the  preced- 
ing provisions  of  this  section. 

i 

(7)  If  any  railway,  or  portion  thereof,  is  opened  contrary  ^thJjJJtWye 
to  the  provisions  of  this  section,  the  company,  or  person  to  of  Board, 
whom  such  railway  belongs  shall  forfeit  to  His  Majesty 

the  sum  of  two  hundred  dollars  for  each  day  on  which  the  Penalty- 
same  is,  or  continues  open  until  such  order  is  obtained. 

164. — (1)  Whenever  the  Board  receives  information  that  where 
any  railway,  or  any  portion  thereof,  is  dangerous  to  the  pub-  c?repair?ut 
lie  using  the  same,  from  want  of  renewal  or  repair,  or  in- 
sufficient or  faulty  construction,  equipment,  or  from  any 
other  cause,  the  Board  may  direct  an  inspecting  engineer  to 
examine  the  railway,  or  any  portion  thereof ;  and  upon  the 
report  of  the  inspecting  engineer  may  order  any  repairs,  Inspection 
renewal,  reconstruction,  alteration  or  new  works,  materials  Board 
or  equipment  to  be  made,  done,  or  furnished  by  the  com- may  order 
pany  or  municipality   upon,   in   addition  to,  or   substi- repairs- etc- 
tution  for,  any  portion  of  the  railway,  which  may,  from 
such  report,  appear  to  the  Board  necessary  or  proper  to 
avoid  such  danger,  and  may  order  that  until  such  repairs, 
renewals,  reconstruction,  alteration,  and  work,  materials  or 
equipment  are  made,  done  and  furnished  to  its  satisfaction,  May  enjoin 

i  ±  ■  o   ■  1  -1  •  i      a      i_ "  t_  i  use  of  portions 

no  such  portion  oi  the  railway  m  respect  of  which  such  of  railways 
order  is  made,  shall  be  used,  or  used  otherwise  than  subject  repair"8 
to  such  restrictions,  conditions  and  terms  as  the  Board  may 
in  such  order  impose.      And  the  Board  may  by  such  order, 
condemn,  and  thereby  forbid  further  use  of,  any  rolling  or  of 
stock  which,  from  such  report,  it  may  consider  unfit  to  re- equiprnent 
pair  or  use  further. 

(2)  If,  after  notice  of  any  such  order  made  by  the  Board,  f*™1^ 
the  company  shall  use  any  rolling  stock,  after  the  same  has  compliance, 
been  so  condemned  by  the  Board,  or  shall  disobey  or  fail 
to  comply  with  any  order  of  the  Board  made  under  this 
section,  the  company 'shall,  for  each  day  on  which  such 
order  is  disobeyed,  forfeit  to  His  Majesty  the  sum  of  five 
hundred  dollars";  and  any  person  wilfully  and  knowingly 
18  S.  aiding 


274 


Chap.  30. 


RAILWAYS . 


6  Edw.  VII 


Aiding  and 
abetting. 


Application 
of  section 
to  street 
railway. 

Inspecting 
engineer  may 
in  case  of 
danger  issue 
prohibitions. 


Procedure. 


Reasons  and 
defects  must 
be  stated. 


Penalty. 


aiding  or  abetting  any  such  violation  shall  be  guilty  of  an 
offence,  and  on  summary  conviction  thereof  shall  be  liable 
to  a  penalty  of  not  less  than  twenty  dollars  nor  more  than 
two  hundred  dollars. 

(3)  This  section  shall  apply  to  street  railways. 

165. — (1)  If  in  the  opinion  of  any  inspecting  engineer, 
it  is  dangerous  for  trains  to  pass  over  any  railway,  or  any 
portion  thereof,  until  alterations,  substitutions  or  repairs 
are  made  thereon,  or  that  any  of  the  rolling  stock  should  be 
run  or  used,  the  said  engineer  may,  by  notice,  forthwith, 
either  forbid  the  running  of  any  train  over  such  railway  or 
portion  of  railway,  or  require  that  the  same  be  run  only 
at  such  times,  under  such  conditions,  and  with  such  pre- 
cautions, as  he,  by  notice  specifies,  and  he  may  forbid  the 
running  or  using  of  any  such  rolling  stock  by  serving  upon 
the  company  owning,  running  or  using  such  railway,  or 
any  officer  having  the  management  or  control  of  the  run- 
ning of  trains  on  such  railway,  a  notice  in  writing  to  that 
effect,  with  his  reasons  therefor,  in  which  he  shall  distinct- 
ly point  out  the  defects  or  the  nature  of  the  danger  to  be 
apprehended ;  and  for  every  act  of  non-compliance  there- 
with such  company  shall  forfeit  to  His  Majesty  the  sum 
of  two  thousand  dollars. 


Report  of 

inspecting 

engineer. 

Action 
thereon . 

Notice. 


(2)  The  inspecting  engineer  shall  forthwith  report  tha 
same  to  the  Board  which  may  either  confirm,  modify  or 
disallow  the  act  or  order  of  such  engineer;  and  notice  of 
such  confirmation,  modification  or  disallowance,  shall  be 
duly  given  to  the  company. 


company  to^  166.  The  company  shall,  as  soon  as  possible  after  the  re- 
of  Board  to  its  ceipt  of  any  order  or  notice  of  the  Board  affecting  any  of 
officers,  etc.  0£gcers  or  employees  of  the  railway  or  any  of  the  duties 

of  such  officers  or  employees,  give  cognizance  thereof  to 
each  of  it's  officers  and  employees,  in  one  or  more  of  the 
ways  mentioned  in  section  160  of  this  Act. 


What  to  be 
'  deemed  suffi- 
cient notice 
thereof. 


167.  All  orders  of  the  Board  shall  be  considered  as  made 
known  to  the  company  by  a  notice  thereof  signed  by  the 
chairman  or  secretary  thereof,  and  delivered  to  the  presi- 
dent, vice-president,  managing  director,  secretary  or  super- 
intendent of  the  said  company,  or  at  the  office  of  the  com- 
pany. 

Inspection  not  to  Relieve  from  Liability. 


Inspection 
not  to  relieve 
company  from 
liability. 


168.  No  inspection  had  under  this  Act,  and  nothing  in 
this  Act  contained,  and  nothing  done  or  ordered  or  omitted 
to  be  done  or  ordered,  under  or  by  virtue  of  the  provisions 
of  this  Act,  shall  relieve,  or  be  construed  to  relieve,  any 
18a  s.  company 


190G. 


RAILWAYS. 


Chap.  30.  275 


company  of  or  from  any  liability  or  responsibility  resting 
upon  it  by  law,  either  towards  His  Majesty  or  towards  any 
person,  or  the  wife  or  husband,  parent  or  child,  executor 
or  administrator,  tutor  or  curator,  heir  or  personal  repre- 
sentative, of  any  person,  for  anything  done  or  omitted  to 
be  done  by  such  company,  or  for  any  wrongful  act,  neglect 
or  default,  misfeasance,  malfeasance  or  nonfeasance,  of 
such  company,  or  in  any  manner  or  way  to  lessen  such  ^ 
liability  or  responsibility  or  in  any  way  to  weaken  or 
diminish  the  liability  or  responsibility  of  any  such  com- 
pany, under  the  laws  in  force  in  this  Province. 


TOLLS. 

By-Laws  as  to. 

169. — (1)  The  company  or  the  directors  of  the  company,  By-laws  to  be 
by  by-law  or  any  such  officer  or  officers  of  the  company  as  nzflg  issue  of 
are  thereunto  authorized  by  by-law  of  the  company  or  direc-  ^f^rgea 
tors  may  from  time  to  time  prepare   and   issue  tariffs  by  the 
of  the  tolls  to  be  charged,  as  hereinafter  provided,  forcompan>- 
all  traffic  carried  by  the  company  upon  the  railway,  or  in 
its  vessels,  and  may  specify  the  persons  to  whom,  the  place 
where,  and  the  manner  in  which,  such  tolls  shall  be  paid. 

(2)  All  such  by-laws  shall  be  submitted  to  and  approved  To  be  approved 

by  the  Board.  by  Board. 

(3)  The  Board  may  approve  such  by-laws  in  whole  or  in  Board  m*y 

,  .  ii  j>  ,i  •   •         approve  in 

part,  or  may  change,  alter  or  vary  any  oi  the  provisions  whole  or  in 
therein.  ff™ 

(4)  No  tolls  shall  be  charged  by  the  company  until  a  by-  Xweduam 
law  authorizing  the  preparation  and  issue  of  tariffs  of  by-law 
such  tolls  has  been  approved  by  the  Board,  nor  shall  the  BoardV.ed  by 
company  charge,  levy  or  collect  any  money  for  any  ser- 
vices as  a  common  carrier,  except  under  the  provisions 

of  this  Act. 


Collection  of  Tolls. 

170. — (1)  The  company  shall  have  the  power  to  collect  conec^tmg 
and  receive  all  charges  subject  to  which  goods  or  commo- on  goods, 
dities  may  come  into  their  possession,  and  on  payment  of 
such  charges  by  the  company  without  any  formal  transfer, 
the  company  shall  have  the  same  lien  for  the  amount  thereof 
upon  such  goods  or  commodities  as  the  person  to  whom 
such  charges  were  originally  due,  and  shall  be  subrogated 
by  such  payments  to  all  the  rights  and  remedies  of  such 
persons  for  such  charges. 

(2) 


276  Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


(2)  In  case  of  refusal  or  neglect  of  payment  on  demand 
of  any  such  tolls,  or  any  part  thereof,  to  such  persons, 
the  same  may  be  sued  for  and  recovered  in  any  court  of 
competent  jurisdiction,  or  the  agents  or  servants  of  the 
company  may  seize  the  goods  for  or  in  respect  whereof 
such  tolls  ought  to  be  paid,  and  detain  the  same  until 
payment  thereof;  and  in  the  meantime  the  said  goods 
shall  be  at  the  risk  of  the  owners  thereof. 

Sale  of  goods  (3)  If  the  tolls  are  not  paid  within  six  weeks,  and  where 
the  goods  are  perishable  goods,  if  the  tolls  are  not  paid 
upon  demand  or  if  such  goods  are  liable  to  be  destroyed 
while  in  the  possession  of  the  company  by  reason  of  delay 
in  payment  or  taking  delivery  by  the  consignee,  the 
company  may  advertise  and  sell  the  whole  or  any  part  of 
such  goods  and  out  of  the  money  arising  from  such  sale 
retain  the  tolls  payable  and  all  reasonable  charges  and 
expenses  of  such  seizure,  detention  and  sale,  and  shall 
deliver  the  surplus,  if  any,  or  such  of  the  goods  as  remain 
unsold,  to  the  person  entitled  thereto. 

(4)  If  any  goods  remain  in  the  possession  of  the  com- 
pany unclaimed  for  the  space  of  twelve  months,  the  com- 
pany may  thereafter,  and  on  giving  public  notice  thereof 
by  advertisement  for  six  weeks  in  the  Ontario  Gazette,  and 
in  such  other  papers  as  they  deem  necessary,  sell  such 
goods  by  public  auction  at  a  time  and  place  to  be  men- 
tioned in  such  advertisement,  and  out  of  the  proceeds 
thereof  pay  such  tolls  and  all  reasonable  charges  for 
storing,  advertising  and  selling  such  goods;  and  the 
balance  of  the  proceeds,  if  any,  shall  be  kept  by  the  com- 
pany for  a  further  period  ,.of  three  months,  to  be  paid  over 
to  any  person  entitled  thereto. 

(5)  In  default  of  such  balance  being  claimed  before  the 
expiration  of  the  period  last  aforesaid,  the  same  shall  be 
paid  over  to  the  Provincial  Treasurer  to  be  applied  to  the 
general  purposes  of  the  Province,  unless  claimed  by  the 
person  entitled  thereto,  within  six  years  of  the  date  of  such 
payment. 

Passenger  Fares  on  Electric  Roads. 

171. — (1)  Notwithstanding  anything  contained  in  any 
agreement  with  any  municipal  or  other  corporation  or  per- 
son or  any  provision  contained  in  any  special  Act  to  the  con- 
trary, the  fares  to  be  taken  by  the  aompany  on  a  railway 
operated  by  electricity  for  each  passenger  shall  not  ex- 
ceed five  cents  for  any  distance  not  exceeding  three  miles, 
and  where  the  distance  exceeds  three  miles  then  not  ex- 
ceeding two  cents  per  mile  or  fraction  thereof  for  the  dis- 
tance 


Limit  of 
fares  on 
electric 
railways. 


1906. 


RAILWAYS. 


"Chap.  30.  277 


tance  actually  travelled.  Children  under  ten  years  of  age 
shall  be  carried  for  three  miles  or  less  for  three  cents  and 
for  any  additional  distance  for  half  fare,  but  children  in 
arms  shall  in  all  cases  be  carried  free. 


(2)  Pupils  under  seventeen  years  of  age  actually  attend-  Pupils'  tickets, 
ing  school  shall  be  entitled  to  purchase  at  any  office  of 
the  company  where  tickets  are  sold  on  a  certificate  from 
their  principal  teacher  that  they  are  bona  fide  pupils  attend-  ^ 
ing  school  eight  tickets  for  twenty-five  cents,  such  tick- 
ets to  be  used  only  between  the  hours  of  eight  o'clock  and 
half  past  nine  in  the  forenoon,  and  between  half-past  three 
and  five  o'clock  in  the  afternoon,  and  then  only  for  the  pur- 
pose of  attending  and  returning  from  school,  provided  that 
no  such  tickets  shall  entitle  any  pupil  to  ride  a  greater  dis- 
tance than  five  miles. 


(3)  This  section  shall  not  be  construed  to  alter  or  vary  men^nof ree" 
any  agreement  by  which  the  company  is  bound  to  charge  a  affected, 
lesser  rate  of  fares  for  passengers  than  those  mentioned  in 

this  section,  or  to  supply  a  greater  number  of  tickets  to 
pupils  attending  school  or  to  pupils  of  a  lesser  age  or  at 
different  hours  or  for  a  greater  distance  than  mentioned  in 
this  section. 

(4)  This  section  shall  apply  to  street  .railways.  ^treetraiiwa^s. 

(5)  This  section  shall  not  applv  to  a  company  whose  tar- j^cttonnouo 
iff  for  passenger  fares  is  subject  to  the  approval  of  any  coia-panies  operat- 
missioners  in  whom  are  vested  any  park  or  lands  owned  by  park" certam 
the  Crown  for  the  use  of  the  public  of  the  Province  of  On- 
tario. 


BOARD  AND  MEMBERS  OF  LEGISLATURE  TO  BE   CARRIED  FREE. 


172.  The  company  shall  furnish  free  transportation  upon  Members  of 
any  of  its  trains,  for  members  of  the  Legislature  with  their 

and^Board 

baggage,  and  also  for  the  members  of  the  Board,  and  f or  [°angp^rftrateion 
such  officers  and  staff  of  the  Board  as  the  Board  may  de- 
termine, with  their  baggage  and  equipment,  and  shall  also, 
when  required,  haul  free  of  charge  any  car  provided  for 
the  use  of  the  Board. 

DISCRIMINATION. 


173. — (1)  Such  tolls  may  be  either  for  the  whole  or  for  any  Discrimination 
particular  portions  of  the  railway ;  but  all  such  tolls  shall  Prohlblted- 
always,  under  substantially  similar  circumstances  and  com- 
ditions  be  charged  equally  to  all  persons  and  at  the  same 
rate,  whether  by  weight,  mileage  or  otherwise,  in  respect 
of  all  traffic  of  the  same  description  and  carried  in  or  upon 
a  like  kind  of  cars,  passing  over  the  same  portion  of  the 

line 


278         Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


line  of  railway;  and  no  reduction  or  advance  in  any  such 
tolls  shall  be  made,  either  directly  or  indirectly,  in  favour 
of  or  against  any  particular  person  or  company  travelling 
upon  or  using  the  railway. 

proportionate  (2>  The  tolls  for  larger  quantities,  greater  numbers,  or 
toiislneertain  longer  distances  may  be  proportionately  less  than  the 
cases.  tolls  for  smaller  quantities  or  numbers,    or  shorter  dis- 

tances, if  such  tolls  are,  under  substantially  similar  cir- 
cumstances charged  equally  to  all  persons. 

special  rates       (3)  The  company  may  make  uniform  special  rates  for 
goods.nshable  the  carriage  of  fruit,  milk  and  other  perishable  products 
and  commodities. 


Unjust  dis- 
crimination 
between 
localities 
prohibited. 


Long  and 
short  haul 
clause. 


Competitive 
points. 


Pooling 
prohibited. 


Duty  of  com- 
pany to  afford 
reasonable 
facilities  for 
receiving, 
forwarding, 
and  delivering 
traffic  without 
partiality  and 
without 
unreasonable 
delay. 


(4)  No  toll  shall  be  charged  which  unjustly  discrimin- 
ates between  different  localities.  The  Board  shall  not 
approve  or  allow  any  toll,  which  for  the  like  description 
of  goods  or  for  passengers,  carried  under  substantially 
similar  circumstances  and  conditions  in  the  same  direc- 
tion over  the  same  line,  is  greater  for  a  shorter  than  for 
a  longer  distance,  the  shorter  being  included  in  the  longer 
distance,  unless  the  Board  is  satisfied  that  owing  to  com- 
petition, it  is  expedient  to  allow  such  toll.  The  Board 
may  declare  that  any  places  are  competitive  points  within 
the  meaning  of  this  Act. 

(5)  No  company  shall,  except  in  accordance  with  the 
provisions  of  this  Act,  directly  or  indirectly,  pool  its 
freights  or  tolls  with  the  freights  or  tolls  of  any  other 
railway  company  or  common  carrier,  nor  divide  its  earn- 
ings or  any  portion  thereof  with  any  other  railway  com- 
pany or  common  carrier,  nor  enter  into  any  contract,  ar- 
rangement, agreement,  or  combination  to  effect,  or  which 
may  effect,  any  such  result,  without  leave  therefor  hav- 
ing been  obtained  from  the  Board. 

174.  All  companies  shall,  according  to  their  respective 
powers,  afford  to  all  persons  and  companies  all  reason- 
able, and  proper  facilities  for  the  receiving,  forwarding 
and  delivering  of  traffic  upon  and  from  their  several 
railways,  for  the  interchange  of  traffic  between  their 
respective  railways,  and  for  the  return  of  rolling  stock; 
and  no  company  shall  make  or  give  any  undue  or  un- 
reasonable preference  or  advantage  to,  or  in  favour 
of,  any  particular  person,  or  company  or  any  parti- 
cular description  of  traffic,  in  any  respect  whatsoever, 
nor  shall  any  company  by  any  unreasonable  delay  or 
otherwise  howsoever,  make  any  difference  in  treatment  in 
the  receiving,  loading,  forwarding,  unloading,  or  delivery 
of  the  goods  of  a  similar  character  in  favour  of  or  against 
any  particular  person,  or  company,  nor  subject  any  par- 
ticular person,  or  company,  or  any  particular  descrip- 
tion 


1906. 


HAIL  WAYS. 


Chap.  30. 


279 


tion  of  traffic,  to  any  undue,  or  unreasonable,  prejudice 
or  disadvantage,  in  any  respect  whatsoever;  nor  shall  any 
company  so  distribute  or  allot  its  freight  cars  as  to  dis- 
criminate unjustly  against  any  locality   or   industry,    or  Undue 
against  any  traffic  which  may  originate  on  its  railway  Vantage .°r 
destined  to  a  point  on  another  railway  in  Ontario  with 
which  it  connects;  and  every  company  which  has  or  works 
a  railway  forming  part  of  a  continuous  line  of  railway 
with,  or  which  intersects,  any  other  railway,  or  which 
has  any  terminus,  station  or  wharf  near  to  any  terminus, 
station  or  wharf  of  any  other  railway,  shall  afford  all  due 
and  reasonable  facilities  for  delivering  to  such  other  rail- 
way, or  for  receiving  from  and  forwarding  by  its  railway  rr"d^ice  or 
all  the  traffic  arriving  by  such  other  railway  without  any  disadvantage, 
unreasonable  delay,  and  without  any  such  preference  or 
advantage,  or  prejudice  or  disadvantage,  as  aforesaid,  and 
so  that  no  obstruction  is  offered  to  the  public  desirous  of 
using  such  railways  as  a  continuous  line  of  communica- 
tion, and  so  that  all  reasonable  accommodation,  by  means 
of  the  railways  of  the  several  companies,  is,  at  all  times, 
afforded  to  the   public  in  that   behalf ;   and   any  agree- 
ment made  between  any  two  or  more  companies  contrary  Agreements  in 
to  this  section  shall  be  unlawful  and  null  and  void.  violation  void. 

175.   The  Board  may  determine,  as  questions  of  fact,  g°^redr°0f 
whether  or  not  traffic  is  or  has  been  carried  under  sub-  determine 
stantially    similar    circumstances    and    conditions,    and  substantially 
whether  there  has,  in  any  case,   been  unjust    discrimin-  ^{"nces  undue1' 
ation,  or  undue  or  unreasonable  preference  or  advantage,  preferences, 
or  prejudice, or  disadvantage,  within  the  meaning  of  this 
Act,  or  whether  in  any  case  the  company  has,  or  has  not, 
complied  with  the  provisions  of  this  and  the  last  preced- 
ing section;  and  may  by  regulation  declare  what  shall 
constitute  substantially  similar   circumstances  and  con- 
ditions, or  unjust   or   unreasonable    preferences,  advan- 
tages, prejudices,  or  disadvantages  within  the  meaning  of 
this  Act,  or  what  shall  constitute  compliance  or  non-com- 
pliance with  the  provisions  of  this  and  the  last  preceding 
section. 


176. — (1)  Whenever  it  is  shown  that  any  company  charges  Burden  of 

— >f  respe 
unjust 
rimir 
tion,  etc. 


one  person,  company,  or  class  of  persons,  or  the  persons  ing^njust60*" 
in  any  district,  lower  tolls  for  the  same  or  similar  goods,  dls 
or  lower  tolls  for  the  same  or  similar  services,  than  they 
charge  to  other  persons,  companies,  or  class  of  persons,  or 
to  the  persons  in  another  district,  or  makes  any  difference 
in  treatment  in  respect  of  such  companies  or  persons,  the 
burden  of  proving  that  such  lower  toll,  or  difference  in 
treatment,  does  not  amount  to  an  undue  preference  or  an 
unjust  discrimination  shall  lie  on  the  company. 

(2)  In  deciding  whether  a  lower  toll,   or  difference  in  may  contfder 
treatment,  does  or  does  not  amount  to  any  undue  prefer-  j1"-\fstte""sining 
ence  or  an  unjust  discrimination,  the  Board  may  consider  crimination, 

whether 


280  Chap.  30. 


RAILWAYS. 


6  Emv.  VII 


whether  such  lower  toll,  or  difference  in  treatment,  is 
necessary  for  the  purpose  of  securing,  in  the  interest  of 
the  public,  the  traffic  in  respect  of  which  it  is  made,  and 
whether  such  object  cannot  be  attained  without  unduly 
reducing  the  higher  tolls. 

oftoii'for ment  (3)  In  any  case  in  which  the  toll  charged  by  the  company 
carriage  by  for  carriage,  partly  by  rail  and  partly  by  water,  is  expres- 
watera  sed  in  a  single  sum,  the  Board,  for  the  purpose  of  deter- 

mining whether  a  toll  charged  is  discriminatory  or  con- 
trary in  any  way  to  the  provisions  of  this  Act,  may  require 
the  company  to  declare  forthwith  to  the  Board,  or  may  de- 
termine what  portion  of  such  single  sum  is  charged  in 
respect  of  the  carriage  by  rail. 

Equal  facilities     177.  Every  company  which  grants  any  facilities  for  the 

to  be  granted  •  j?  i     i_  ± 

to  express  carriage  of  goods  by  express  to  any  express  company  or 
companies.      person,  shall  grant  equal  facilities,  on  equal  terms  and 

conditions,  to  any  other  express  company  which  demands 

the  same. 

Reduced  rates  178.  Nothing  in  this  Act  shall  be  construed  to  prevent  the 
charitable °pur-  carriage,  storage  or  handling  of  traffic  free  or  at  reduced 
poses.  rates  for  the  Dominon,  or  any  provincial  or  municipal  gov- 

ernment, or  for  charitable  purposes,  or  to  or  from  fairs  and 
expositions  for  exhibition  thereat,  or  the  carriage,  free  or  at 
reduced  rates,  of  destitute  or  homeless  persons,  transported 
by  charitable  societies,  and  the  necessary  agencies  employed 
in  such  transportation,  nor  to  prevent  the  issuance  of  mile- 
age, excursion  or  commutation  passenger  tickets,  or  the 
carriage  at  reduced  rates,  of  immigrants  or  settlers,  and 
their  goods  and  effects,  or  any  member  of  any  organized 
association  of  commercial  travellers  with  his  baggage,  nor 
to  prevent  railways  from  giving  free  carriage  or  reduced 
rates  to  their  own  officers  and  employees,  or  their  families, 
or  for  their  goods  and  effects,  or  'to  members  of  the  press, 
or  to  such  other  persons  as  the  Board  may  approve  or  per- 
mit, nor  to  prevent  the  principal  officers  of  any  railway,  or 
any  railway  or  transportation  company,  from  exchanging 
passes  or  free  tickets  with  other  railways,  or  railway  or 
transportation  companies,  for  their  officers  and  employees 
Proviso.  and  their  families,  or  their  goods  and  effects;  provided  that 
the  carriage  of  traffic  by  the  company  under  this  section 
may,  in  any  particular  case  or  by  general  regulation,  be 
extended,  restricted,  limited  or  qualified  by  The  Board. 

APPOINTMENT  OF  RAILWAY  CONSTABLES. 

constables  179. — (1)  The  Justices  of  the  Peace  for  any  county  as- 
Jfohited  toPact  sembled  at  any  General  Sessions  of  the  Peace  on  the  appli- 
on  the^ineof  cation  of  the  board  of  directors  of  the  company  whose  rail- 
any  rai  ^  part  thereof  passes  within  the  local  jurisdiction 
of  such  Justices  of  the  Peace,  or  on  the  application  of  any 

clerk 


1906. 


RAILAVAYS. 


Chap.  30.  281 


clerk  or  agent  of  the  company  thereto  authorized  by  such 
board,  may,  in  their  discretion  appoint  any  persons  recom- 
mended to  them  for  that  purpose  by  such  board  of  directors, 
clerk  or  agent,  to  act  as  constables  on  and  along  such  rail- 
way; and  every  person  so  appointed  shall  take  an  oath  or 
make  a  solemn  declaration  in  the  form  or  to  the  effect  fol- 
lowing, that  is  to  say  : 

"I,  A.  B.,  having  been  appointed  a  Constable  to  act  upon  and 
"along  (here  name  the  Railway),  under  the  provisions  of  The  On- 
"tario  Railway  Act,  1906,  do  swear  that  I  will  well  and  truly 
"serve  our  Sovereign  Lord  the  King,  in  the  said  office  of  Constable, 
"without  favour  or  affection,  malice  or  ill-will,  and  that  I  will,  to 
"the  best  of  my  power,  cause  the  peace  to  be  kept,  and  prevent  all 
"offences  against  the  peace,  and  that  while  I  continue  to  hold  the 
"said  office,  I  will,  to  the  best  of  my  skill  and  knowledge,  discharge 
"the  duties  thereof  faithfully,  according  to  law:  So  help  me  God." 


(2)  Such  oath  or  declaration  shall  be  administered  by  any  f^nfstered!'6 
one  such  Justice  or  by  the  Clerk  of  the  Peace  for  such 

county. 

(3)  Such  appointment  shall  be  made  in  writing  signed  f0p^°!JJt™rei^t 
by  the  Clerk  of  the  Peace  and  the  fact  that  the  person  »ng- 
appointed  thereby  has  taken  such  oath  or  declaration  shall 

be  endorsed  thereon  by  the  person  administering  such  oath 
or  declaration. 

180.  Every  constable  so  appointed,  and  having  taken  such  Powers  of 
oath  or  made  such  declaration  as  aforesaid,  shall  have  full  stable^  wid  to 
power  to  act  as  a  constable  for  the  preservation  of  the  peace  toey^haii"llties 
and  for  the  security  of  persons  and  property  against  felonies  extend. 

and  other  unlawful  acts  on  such  railway*  and  on  any  of  the 
works  belonging  thereto,  and  on  and  about  any  trains, 
roads,  wharves,  quays,  landing-places,  warehouses,  lands 
and  premises  belonging  to  the  company,  whether  the  same 
be  in  the  county,  city,  district  or  other  local  jurisdiction 
within  which  he  was  appointed,  or  in  any  other  place 
through  which  such  railway  passes,  or  in  which  the  same 
terminates,  or  through  or  to  which  any  railway  passes  which 
is  worked  or  leased  by  such  railway  company,  and  in  all 
places  not  more  than  one  quarter  of  a  mile  distant  from  the 
railway ;  and  shall  have  all  the  powers,  protections  and  pri- 
vileges for  the  apprehending  of  offenders,  as  well  by  night 
as  by  day  and  for  doing  all  things  for  the  prevention,  dis- 
covery and  prosecution  of  felonies  and  other  offences,  and 
for  keeping  the  peace,  possessed  by  any  constable  duly  ap- 
pointed. 

181.  It  shall  be  lawful  for  any  such  constable  to  take  Duties  of  such 
such  persons  as  may  be  punishable  by  summary  conviction  constables 
for  any  offence  against  the  provisions  of  this  Act,  or  of  any 

of  the  Acts  or  by-laws  affecting  any  such  railway,  before 
any  Justice  or  Justices  appointed  for  any  county,  city, 

district 


282 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


district  or  other  local  jurisdiction  within  which  such  rail- 
way passes;  and  every  such  Justice  shall  have  authority  to 
deal  with  all  such  cases,  as  though  the  offence  had  been 
committed  and  the  person  taken  within  the  limits  of  his 
own  local  jurisdiction. 

182.  The  Judge  of  the  County  Court  of  the  County  in 
which  the  constable  resides,  may  dismiss  any  such  con- 
stable, and  the  board  of  directors  of  the  company  or  any 
manager  or  superintendent  thereof  may  dismiss  any  such 
constable  who  may  be  acting  on  the  railway;  and  upon  such 
dismissal,  all  powers,  protection  and  privileges  belonging 
to  any  such  person,  by  reason  of  such  appointment,  shall 
wholly  cease;  and  no  person  so  dismissed  shall  be  again 
appointed  or  act  as  a  constable  for  such  railway  without  the 
consent  of  the  authority  by  which  he  was  dismissed. 

183.  The  company  shall  cause  to  be  recorded  in  the  office 
of  the  clerk  of  the  peace,  for  every  county  where- 
in such  railway  passes  the  name  and  designation  of 
every  constable  so  appointed  at  its  instance,  the 
date  of  his  appointment,  and  the  authority  making  it, 
with  such  appointment  or  a  certified  copy  thereof,  and  also 
the  fact  of  every  dismissal  of  any  such  constable,  the  date 
thereof,  and  the  authority  making  the  same,  within  one 
week  after  the  date  of  such  appointment  or  dismissal,  as 
the  case  may  be;  and  such  clerk  of  the  peace  shall  keep  a 
record  of  all  such  facts  in  a  book  which  shall  be  open  to 
public  inspection,  and  shall  be  entitled  to  a  fee  of  fifty 
cents  for  each  entry  of  appointment  or  dismissal,  and  twen- 
ty-five cents  for  each  search  or  inspection,  including  the 
taking  of  extracts.  Such  record  shall,  in  all  courts,  be 
prima  facie  evidence  of  the  due  appointment  of  such  con- 
stable and  of  his  jurisdiction  to  act  as  such,  without  further 
proof  than  the  mere  production  of  such  record. 

184.  Every  such  constable  who  is  guilty  of  any  neglect  or 
breach  of  duty  in  his  office  of  constable,  shall  be  liable,  on 
summary  conviction  thereof,  within  any  county,  city  or 
district  wherein  such  railway  passes,  to  a  penalty  not 
exceeding  eighty  dollars,  or  to  imprisonment,  with  or  with- 
out hard  labour,  for  a  term  not  exceeding  two  months.  Such 
penalty  may  be  deducted  from  any  salary  due  to  such  offen- 
der, if  such  constable  is  in  receipt  of  a  salary  from  the  com- 
'pany. 

PASSENGER  CONDUCTORS  TO  HAVE  THE  POWER  AND  AUTHORITY 

OF  CONSTABLES. 

haveUoweSrs°of  — ^  conductor  of  every  train  carrying  passen- 

<>onstabies.  sjers  within  this  Province  and  the  conductor  of  the  car  or 
cars  of  every  railway  carrying  passengers  within  this  Pro- 
vince, is  hereby  invested  with  all  the  powers  of  a  constable, 

while 


Dismissal  of 
any  such  con- 
stable. 


Record  of 
appointment 
of  constables. 


And  of 
dismissals. 


Neglect  of 
duty  by 
constable. 


Penalty. 


1906. 


RAILWAYS. 


Chap.  30.  283 


while  on  duty  on  his  train  or  on  said  car  and  cars,  and  said 
conductor  may  wear  a  badge  or  other  distinguishing  mark 
of  a  special  constable. 

(2)  When  a  passenger  is  guilty  of  disorderly  conduct,  or  Removal  of 

ini  7         *      i  i  passenger 

uses  any  blasphemous  or  obscene  language,  or  plays  any  guilty  of 

game  of  cards  or  chance  for  money  or  any  other  thing  of  miSLOnduct- 

value,  upon  any  passenger  train  or  upon  the  car  or  cars  of 

any  railway  carrying  passengers  within  this  Province,  the 

conductor  of  such  train  or  car  or  cars  of  such  railway  may  ^ 

stop  his  train  or  said  car  or  cars    at    the    place  where 

such  offence  is  committed  or  at  the  next  stopping  place  of 

such  train  or  of  such  car  or  cars  and  eject  such  passenger 

from  the  train  or  from  said  car  or  cars,  using  only  such 

force  as  may  be  necessary  to  accomplish  such  removal ;  and 

the  conductor  may  command  the  assistance  of  the  employees 

of  the  company,  and  of  the  passengers  on  such  train  or  on 

such  car  or  cars  to  assist  in  such  removal;  but  before  doing 

so  he  shall  render  to  such  passenger  such  proportion  of  the 

fare  he  has  paid  as  the  distance  he  then  is  from  the  place 

to  which  he  has  paid  fare  bears  to  the  whole  distance  for 

which  his  fare  is  paid. 

186.  When  a  passenger  is  guilty  of  any  offence  upon  a  conductor 


passenger  train  or  upon  the  car  or  cars  of  any  railway  jiawnger  f 
carrying  passengers  within  this  Province,  the  conductor  of  offences- 
such  train  or  of  such  car  or  cars  may  arrest  him  and  take 
him  before  any  Justice  having  cognizance  of  such  offence 
in  any  county  or  district  in  this  Province  in  which  such 
train  or  car  or  cars  runs,  and  lay  an  information  before 
such  Justice,  charging  him  with  such  offence;  but  in  no 
case  shall  the  liability  of  the  company  for  damages  caused 
by  the  conduct  of  its  conductor  be  affected  by  the  provi- 
sions of  this  and  the  next  preceding  section. 

187.  The  company  shall  cause  a  notice  to  be  placed  in  all  ^fthority  of 
passenger  cars  stating  that  the  conductors  have  the  author-  conductor, 
ity  and  powers  of  constables. 

188.  A  conductor  exercising  the  powers  of  a  constable  ^°/deu'^" of 
under  this  Act  shall  be  entitled  to  the  protection  accorded        as  con- 
by  law  to  constables  engaged  in  the  performance  of  their     '  ' 
duties  as  such. 

STREET   RAILWAYS    AND   RAILWAYS    OPERATING    ALONG  HIGH- 
WAYS. 

General  Provisions. 

189.  Unless  otherwise  provided,  sections  190  to  221  inclu- Application  of 
sive,  shall  apply  only  to  street  railways  and  companies  in-  street  railways 
corporated  for  the  purpose  of  constructing,  maintaining  and  raiiwayson 
operating  street  railways  as  defined  in  the  interpretation  highways, 
clauses  of  this  Act,  and  to  other  railways  incorporated  for 

the  purpose  of  operating  partially  or  wholly  along  high- 
ways by  electricity. 

190 


for 


•_>S4 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


Powers  of 
Company. 


Freight  traffic 


190.  Every  such  company  shall,  subject  to  any  pro- 
visions contained  in  the  special  Act  or  in  any  agreement 
made  between  the  company  and  a  municipality,  have 
authority  to  construct,  maintain,  complete,  and  operate 
and  from  time  to  time  to  remove  and  change  as  required, 
a  double  or  single  track  railway,  with  the  necessary 
switches,  side  tracks  and  turn-outs,  for  the  passage  of 
cars,  carriages  and  other  vehicles  adapted  to  the  same, 
upon  and  along  such  of  the  highways  in  any  municipality 
to  which  the  Special  Act  extends,  as  the  council  of  the 
municipality  may  by  by-law  authorize,  and  over  and  upon 
lands  purchased  or  leased  by  the  company  for  that  pur- 
pose, and  to  take,  transport  and  carry  passengers  upon 
the  same,  by  the  force  or  power  of  electricity,  and  to  con- 
struct and  maintain  all  necessary  works,  buildings, 
appliances  and  conveniences  connected  therewith. 

191.  The  company  may  take,  transport  and  convey  goods 
upon  its  railway,  but  no  freight  or  express  cars  shall  be 
carried  along  any  highway  in  any  city,  town  or  vil- 
lage over  the  railway  unless  and  until  the  size  and  num- 
ber of  the  cars  and  motors  to  be  used  therewith,  and  the 
hours  of  running  the  same,  have  been  approved  by  the 
Board,  nor  shall  any  freight  service  be  operated  nor  any 
class  of  freight  carried  on  any  such  highway  until  author- 
ized by,  or  except  as  directed  by  the  Board. 

Agreements        192.  Subject  to  the  provisions  of  section  217  of  this  Act, 

between  muni-    ,  j     .-.^  •■•       »  .  . 

cipaiity  and  the  company  and  the  council  of  any  municipality  m 
con^tmcytion'°  which  a  railway  or  part  of  a  railway  is  laid  may,  amongst 
ltcfet repairs'  other  things,  enter  into  any  agreements  they  think  advis- 
able, relating  to  the  construction  of  the  railway ;  the  time 
within  which  the  railway  shall  be  commenced,  the  man- 
ner of  proceeding  therewith,  and  the  time  of  its  comple- 
tion; the  paving,  macadamizing,  repairing,  grading,  and 
cleaning  of  the  streets  upon  which  the  railway  is  laid ;  the 
construction,  opening  and  repairing  of  drains  and  sewers; 
the  laying,  repairing  or  taking  up  of  gas  and  water  pipes 
in  the  streets ;  the  location  of  the  railway,  and  the  particu- 
lar streets  along  which  the  same  may  be  laid;  the  pattern 
of  rails;  the  time  and  speed  of  running  the  cars,  sleighs 
and  other  conveyances;  the  fares  to  be  charged  within  the 
maximum  hereinbefore  mentioned,  and  the  amount  of 
compensation  (if  any)  to  be  paid  by  the  company  annually 
or  otherwise. 

Sunday  Cars. 

etceenoTto  be's  — ^}  ^°  comPany  or  municipal  corporation  operating 

operated  on  a  street  railway,  tramway  or  electric  railway,  shall  operate 
the  same  or  employ  any  person  thereon  on  the  first  day  of 
the  week  commonly  called  Sunday,  except  for  the  purpose 
of  keeping  the  track  clear  of  snow  or  ice,  or  for  the  purpose 
of  doing  other  work  of  necessity. 

(2) 


Sunday. 


1906. 


RAILWAYS. 


Chap.  30. 


285 


(2)  Notwithstanding  anything  in  this  Act  or  in  the  spe-  Exceptions, 
cial  Act  or  in  any  agreement  contained,  companies  which 

have  before  the  first  day  of  April,  1897,  regularly  run  cars 
on  Sunday  may  hereafter  do  so,  but  the  foregoing  subsection 
shall  not  confer  any  rights  so  to  run  cars  on  Sunday  not 
now  possessed  by  such  companies  nor  shall  it  affect  or  apply 
to  any  company  which  has  by  its  charter  or  by  any  special 
Act  the  right  or  authority  to  run  cars  on  Sunday  nor  shall 
it  affect  the  right  (if  any)  of  the  Toronto  Railway  Company  ^ 
to  run  cars  on  Sunday ;  nor  shall  it  affect  the  right  of  any 
railway  company  to  run  cars  or  trains  as  provided  in  sub- 
section 2  of  section  136  of  Chapter  209  of  the  Revised  Stat- 
utes of  Ontario,  1897,  which  right  shall  be  continued  as 
though  such  statute  stood  unrepealed. 

(3)  For  every  train  or  car  run  or  operated  in  violation  of  Penalty, 
this  section,  the  company  shall  forfeit  and  pay  the  sum  of 
|400,  to  be  recovered  in  any  court  having  jurisdiction  in 

civil  cases,  for  the  amount,  by  any  person  suing  for  the  same 
under  this  section  and  for  the  purpose  thereof.  The  action 
for  the  recovery  of  the  said  sum  shall  be  brought  before  a 
court  having  jurisdiction  as  aforesaid  in  the  place  from 
which  such  train  or  car  started,  or  through  which  it  passed 
or  at  which  it  stopped  in  the  course  of  such  operation. 

(4)  All  moneys  recovered  under  the  provisions  of  this  penalties 
section  shall  be  appropriated  as  follows  :  One  moiety  thereof 

to  the  plaintiff  and  the  other  moiety  to  the  local  munici- 
pality from  which  the  train  or  car  started ;  but  if  the 
train  or  car  is  operated  by  the  municipality  from  within 
whose  limits  the  same  started,  the  plaintiff  shall  receive  the 
whole  amount  so  recovered. 

(5)  The  conductor  or  other  person  in  charge  (if  any  train  ^conductor 
or  car  run  or  operated  in  violation  of  the  provisions  of  this 
section  shall  be  liable  for  every  such  offence  to  a  penalty 

not  exceeding  $40  nor  less  than  $1,  besides  costs,  and  the 
same  shall  be  recoverable  on  summary  conviction. 

(6)  This  section  shall  apply  to  all  railways  operated  by  jUggSf ;tion of 
electricity  and  street  railways  whether  they  are  operated  on 

a  highway  or  on  a  right  of  way  owned  by  the  company. 

194. — (1)  The  company,  when  operating  any  portion  0f Guard  wirea' 
its  line  across  or  along  a  highway  by  means  of  electricity 
conveyed  by  wires  above  ground,  shall  cause  to  be  strung 
and  maintained  guard  wires,  as  far  as  may  be  reasonably 
possible  sufficient  to  prevent  telegraph,  telephone  or  other 
wires  now  or  hereafter  strung  across  or  along  the  highway 
from  coming  into  coutact  with  or  falling  upon  the  said 
wires  conveying  such  electricity. 

(2)  The  company,  when  operating  any  portion  of  its  line  wra°terCpipes 
by  means  of  electricity,  shall  use  such  means  and  ap-  |*°^£™m  itt" 
pliances  as  may,  as  far  as  may  be  reasonably  possible,  pre- electricity 
vent  water  pipes,  gas  pipes,  cables  and  other  things  now 
or  hereafter  placed  underground  from  being  damaged  m 

consequence 


286 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


consequence  of  the  escape  or  discharge  of  electricity  into 
the  ground.  Unless  otherwise  ordered  by  the  Board,  proper 
bonding  of  the  rails  and  connecting  the  rails  so  bonded  to 
the  electric  power  generator  or  generators  with  a  proper  and 
efficient  system  of  return  wires  shall  be  taken  to  be  a  com- 
pliance with  the  conditions  of  this  section. 

Powers  of  (3)  The  Board  shall  have  power  to  make  such  order  or 

orders  as  to  it  may  seem  proper  to  compel  the  proper  obser- 
vance of  this  section. 


Right  of  195.  Any  person  suffering  damage  by  reason  of  the  non- 

compliance by  the  company  with  the  provisions  of  the 
preceding  section  shall  have  a  right  of  action  against  the 
company  therefor. 


Forfeiture  for  Non-user. 

Forfeiture  by  196. — (1)  In  case  the  company  at  any  time  ceases  to  regu- 
larly  use  the  whole  or  any  part  of  its  railway  for  a  period 
of  eighteen  months,  it  shall,  upon  its  being  so  ordered  by 
the  Board,  forfeit  the  right  to  use  the  railway  or  the  part 
unused,  as  the  case  may  be,  together  with  the  rails,  poles 
and  wires  thereof,  and  the  company  shall,  in  addition, 
indemnify  the  municipality  in  respect  of  all  costs  incurred 
in  taking  up  the  rails  and  putting  the  highways  in  proper 
repair. 

Lien  of  (2)  The  municipality  shall  have  a  lien  upon  the  rails, 

municipality.  p0jeS)  wrreS;  rolling  stock,  and  other  property  of  the  com- 
pany until  the  expense  of  taking  up  the  rails  and  putting 
the  highways  in  proper  repair  is  paid. 


Additional  Powers  of  Electric  and  Street  Railways. 


Powers  as  to  197.  Railway  companies  operating  by  electricity  and 
an^usfTof"      street  railway  companies  shall  also  have  power : 

electricity. 

(1)  To  construct,  maintain  and  operate  works  for  the  pro- 
duction of  electricity  for  the  motive  power  of  the  said 
railways,  and  for  the  lighting  and  heating  the  rolling 
stock  and  other  property  of  the  company. 

(2)  To  acquire  by  lease  or  purchase  and  to  hold,  utilize 
and  develop  water  powers  and  the  necessary  land  there- 

compranyPOWer  with,  and  to  construct  the  necessary  plant  for  the  pur- 
pose of  generating  electricity  for  lighting,  heating  and 
power  in  operating  the  said  railway. 

(3)  To  enter  into  any  agreement  with  any  person  or  com- 
pany for  supplying  steam  or  other  power  for  the  production 
of  electricity  for  the  purposes  of  the  railway  or  with  any 
electric  light  or  electric  railway  company,  or  any  company 
organized  for  the  purpose  of  suppling  or  furnishing  electric 

power 


Purchase  of 
water  powers 
and  stock  in 


Arrangements 
for  supply  of 
power. 


1906. 


RAILWAYS. 


Chap.  30.  287 


power,  for  the  purchase,  leasing  or  hiring  of  power  to  run 
their  electric  motors,  carriages  or  cars,  or  for  lighting  or 
heating  the  same,  or  for  any  other  purpose  for  which  it 
may  be  required  by  the  company  to  construct,  carry  on  or 
operate  the  railway. 

(4)  To  purchase,  lease  or  acquire  by  voluntary  donation  Power  to  ^ 
and  to  hold  for  any  estate  in  the  same  and  to  sell,  lease,  fo^parksfetc. 
alienate  or  mortgage  any  lands  or  premises  intended  and  ^ 
necessary  or  suitable  for  park  or  pleasure  grounds  and  to 
improve  and  lay  out  such  lands  as  parks  or  places  of  public 

resort  and  to  make  and  enter  into  any  agreement  or  ar- 
rangements with  the  municipal  corporations  of  the  muni- 
cipalities wherein  the  same  are  situate  or  any  of  them, 
in  respect  thereto,  subject,  however,  to  the  power  of  the 
municipality  to  pass  by-laws  to  regulate  the  use  of  such 
public  parks  and  pleasure  grounds;  but  none  of  the  pro- 
visions of  this  clause  shall  be  in  force  or  have  effect  unless 
and  until  the  municipal  council  or  councils  of  the  muni- 
cipality or  municipalities  wherein  the  lands  proposed  to 
be  acquired  by  the  company  are  situate  has  or  have  by 
by-law  declared  its  or  their  assent  to  the  company's  ac- 
quiring lands  under  and  for  the  purpose  mentioned  in  this 
clause.  No  such  park  or  pleasure  grounds  shall  be  used 
for  games,  pic-nics,  concerts,  excursions  or  other  public  Proviso, 
entertainments  on  Sunday. 

(5)  To  purchase  the  right  to  convey  electricity  required  ^htsf'o/con- 
for  the  working  of  the  railway  and  lighting  or  heating  elec" 
the   same    over,    through    or    under   lands    other  than 

the  lands  of  the  railway  by  the  special  Act  authorized  to 
be  built,  and  with  the  consent  of  the  councils  of  the  mun- 
icipalities affected,  to  purchase  the  right  to  lay  conduits 
under,  or  erect  poles  and  wires  on  or  over  such  lands  as  may 
be  determined  by  the  company,  and  along  and  upon  any 
of  the  public  highways,  or  across  any  of  the  waters  in  this 
Province  by  the  erection  of  the  necessary  fixtures,  in- 
cluding posts,  piers  or  abutments  for  sustaining  the  cords 
or  wires  of  such  lines,  or  the  conduits  for  such  electricity, 
upon  and  subject  to  such  agreement  in  respect  thereof  as 
shall  first  be  made  between  the  company  and  any  private 
owners  of  the  lands  affected,  and  between  the  company  and 
any  municipality  in  which  such  works  or  any  part  thereof 
or  of  the  railway  may  be  situate,  and  under  and  subject 
to  any  by-law  or  by-laws  of  the  council  of  such  municipal- 
ity passed  in  pursuance  thereof,  provided  such  works  are 
not  so  constructed  as  to  incommode  the  public  use  of  such 
roads  or  highways,  or  as  to  be  a  nuisance  thereto,  or  to 
impede  the  free  access  to  any  house  or  other  building 
erected  in  the  vicinity  of  the  same  or  to  endanger  or  in- 
juriously affect  the  same  or  injuriously  to  interrupt  the 
navigation  of  such  waters.  The  rights  conferred  upon  the 
company  shall  not  be  exercised  within  the  limits  of  any 

Park 


288         Chap.  30 


RAILWAYS. 


6  Edw.  VII 


Park  vested  in  the  Crown  for  the  use  of  the  public  of  the 
Province  of  Ontario  or  any  land  vested  in  any  commis- 
sioners for  any  such  park  without  the  consent  of  the  com- 
missioners and  the  approval  of  the  Lieutenant-Governor 
in  Council. 

?a0iCyon0nof  (6)  Subject  to  the  provisions  of  sections  202  to  208, 
highways.  inclusive,  and  of  section  218  of  this  Act,  no  rail- 
way or  street  railway  shall  be  constructed  or  oper- 
ated along  any  street,  highway  or  public  place  of 
any  municipality  until  first  authorized  by  an  agree- 
ment in  respect  thereto  made  between  the  company 
and  such  municipality  and  under  and  subject  to  the 
terms  of  such  agreement  and  of  section  217  of  this  Act  and 
of  any  by-law  or  by-laws  of  the  council  of  said  municipal- 
ity to  be  passed  in  pursuance  thereof;  and  in  all  such 
cases  any  and  every  work,  matter  or  thing  in  connection 
with  the  motive  power,  and  the  application  and  using 
thereof  in  so  constructing,  operating  and  working  such 
railway,  or  the  cars,  carriages,  engines,  motors  or  machines 
thereof  shall  be  so  constructed,  erected,  laid  down  and 
arranged  as  to  impede  or  incommode  the  public  use  of  such 
street,  highway  or  public  place  as  little  as  possible,  and 
so  as  not  to  be  a  nuisance  thereto,  nor  to  interfere  with 
the  free  access  to  any  house  or  other  building  erected  in 
the  vicinity  of  the  same,  and  the  electric  and  other  ap- 
pliances shall  be  of  such  an  improved  manufacture  and  so 
placed  as  to  avoid  so  far  as  possible  any  danger  to  build- 
ings or  other  property. 

givenebefore  198. — (1)  No  municipal  council,  notwithstanding  anything 
passing  by-law  contained  in  this  or  any  other  Act  to  the  contrary,  shall 

authorizing  ,      ,  ,       .  .•>  .         .  .,  J 

construction  pass  a  by-law  authorizing  any  electric  railway  company 
on  highways.  Qr  s^ree^  railway  company  to  lay  out  or  construct  its  rail- 
way along  any  public  highway,  until  written  or 
printed  notices  of  the  intended  by-law,  specifying  the  route 
to  be  taken  by  the  railway,  shall  have  been  previously 
posted  up  for  one  month  in  six  of  the  most  public  places  in 
the  municipality,  and  published  weekly  for  at  least  four 
successive  weeks  in  some  newspaper  published  in  the  muni- 
cipality, or,  if  there  be  no  such  newspaper,  in  a  news- 
paper published  in  a  neighboring  municipality,  or,  if  there 
be  no  such  newspaper,  then  in  a  newspaper  published  in 
the  county  town. 

heard'by  t0  be     ^)  ^ne  council  shall  hear  in  person  or  by  counsel  any 
council.         one  whose  property  may  be  prejudicially  affected  by  such 
proposed  railway  who  desires  to  be  heard. 

Board to°quash     (3)  If  after  hearing  such  objections  as  may  be  made,  the 
or  amend.       council  shall  pass  a  by-law  authorizing  the  construction  of  a 
railway  or  street  railway  on,  upon  or  along  any  highway, 
any   fifteen   freeholders   in   the   municipality   may  peti- 
tion the  Board  to  amend  or  quash  such  by-law,  and  upon 

such 


1906. 


RAILWAYS. 


Chap.  30.  289 


such  petition  after  hearing  all  parties  interested  the  Board 
shall  have  power  to  amend  such  by-law  in  such  manner  as 
to  the  Board  may  seem  proper^  or  to  quash  the  same. 

(4)  The  costs  of  such  proceeding  shall  be  in  the  discretion  Costs- 
of  the  Board  and  inay  be  fixed  by  the  Board  or  taxed  by  one 

of  the  taxing  officers  of  the  Supreme  Court  of  Judicature. 

■         i    in  i  •  •  i  ■       i     Section  not  to 

(5)  lhis  section  shall  not  apply  to  extensions  withm  the  apply  to  certain 
limits  of  a  city  or  town  of  a  street  railway  already  con_ exteus  ob- 
structed. . 

199.  The  company  may,  at  any  point  or  points  where  its  deviate1.0 
railway  may  run  along  the  highway,  deviate  from  such 
highway  to  a  right  of  way  owned  by  the  company  provided 

that  no  obstruction  of  such  highway  shall  be  made  by  such 
deviation;  but  if  the  rails  on  such  deviation  do  not  rise 
above  or  sink  below  the  surface  of  the  road  more  than  one 
inch  they  shall  not  be  deemed  an  obstruction ;  provided  Proviso, 
that  the  right  by  this  section  conferred  shall  not  be  exer- 
cised by  the  company  without  the  consent  of  the  Board ;  and 
the  Board  may,  upon  such  terms  as  seem  just,  on  applica- 
tion of  the  company,  order  that  the  said  company  may  make 
such  deviation. 

200.  Notwithstanding  anything  contained  in  this  Act,  Limitation  of 

,      _        .  .   .  t     it  transmission  of 

or  m  any  statute  of  the  Province,  no  municipality  shall  electrical 
have  the  power  to  grant  to  any  railway  or  street  railway  energy' 
any  exclusive  rights,  privileges,  or  franchise,  as  to  the 
transmission  of  electrical  energy  for  power,  light  and  heat 
over  or  across  any  public  highway  or  street  in  the  said 
municipality. 

Expropriation  by  Street  Railivay  Companies. 

201.  — (1)  In  case  the  council  of  a  municipality,  by  re- Expropriation 
solution,  declares  that  the  council  is  of  opinion  that  a  com- and  to  what 
pany  incorporated  with  power  to  construct  a  street  railway  fowed* " 

in  the  municipality  should  have  powers  of  expropriation 
for  the  purposes  of  building  a  part  of  its  railway  between 
two  or  more  points,  set  forth  in  the  resolution,  and  situated 
within  the  municipality,  the  company,  upon  registering 
the  resolution  in  the  proper  registry  office,  shall,  in  respect 
of  lands  lying  between  the  points  named,  possess  the  powers 
conferred  upon  railway  companies  under  the  sections  of 
this  Act  relating  to  the  taking  of  lands  without  the  consent 
of  the  owner. 

(2)  Such  powers  shall  be  exercised  within  two  years  from 
the  passing  of  the  resolution,  and  not  afterwards,  and  the 
lands  to  be  taken  hereunder  shall  not  exceed  one  chain  in 
width. 

(3)  The  provisions  of  this  section  shall  not  apply  to  the 
tract  of  country  extending  three  miles  above  and  three 
miles  below  the  Falls  of  Niagara,  and  for  a  width  inland 
of  one  mile  from  the  River  Niagara. 

19s  202 


290         Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


•    Duration  of  Street  Railway  Franchises. 

Time  for  202. — (1)  No  municipal  council  shall  grant  to  a  street 

paiity  may"01'  railway  company  any  privilege  under  this  Act  for  a  longer 
feges* privi"  period  than  twenty-five  years,  but  at  the  expiration  of 
twenty-five  years  from  the  time  of  passing  the  first  by-law 
which  is  acted  upon,  conferring  the  right  of  laying  rails 
upon  any  highway,  or  at  such  other  earlier  date  as  may  be 
fixed  by  agreement,  the  municipal  corporation  may,  after 
giving  to  the  company  one  year's  notice  prior  to  the  expir- 
ation of  the  period  limited,  assume  the  ownership  of  the 
street  railway,  and  all  real  and  personal  property  in  connec- 
tion with  the  working  thereof,  on  payment  of  the  actual 
value  thereof,  to  be  determined  by  the  Board.  In  ascertain- 
ing the  actual  value  of  such  street  railway  and  real  and  per- 
sonal property,  the  franchise  or  control  of  tracks  upon  the 
highways  shall  not  be  estimated  as  of  any  value  whatever. 

Municipality  (2)  In  case  the  corporation  fails  to  exercise  the  right  of 
Scyownership.  assuming  the  ownership  of  the  street  railway,  at  the  expira- 
tion of  the  said  period,  the  corporation  may  exercise  such 
right  at  the  expiration  of  any  fifth  year  thereafter,  upon  giv- 
ing one  year's  notice  to  the  company,  and  the  privileges 
of  the  company  shall  continue  until  the  ownership  is  as- 
sumed by  the  municipal  council. 

Mode  in  winch     203.  If  a  street  railway  is  situated  in  two  or  more  niuni- 
chaUtobe'ex-cipalities,  the  city  .or  town  municipality  shall  have  the 
twelnddifflrtnt  ri£ht  to  exercise  the  power  of  purchase  herein  conferred, 
interested"168  un*ess  tne  municipal  councils   agree  otherwise  between 
themselves;  and  the  corporation  purchasing  shall  there- 
after possess  all  the  powers  and  authority  and  be  subject 
to  all  the  conditions  and  restrictions  theretofore  enjoyed 
and  suffered  by  the  company,  and  shall,  as  to  other  muni- 
cipalities into  which  the  railway  runs,  be  subject  to  the 
like  liabilities;  and  shall  be  subject  to  all  orders  and  direc- 
tions of  the  Board  in  the  same  manner  and  to  the  same 
extent  as  a  company  operating  a  street  railway. 

204.— (1)  The  council  of  a  municipality  into  which  a 
withtermsas  street  railway  runs  may  at  any  time  after  the  right  of 

certain  cases, 

assuming  the  ownership  of  the  street  railway  accrues  to  such 

Sb?t»tqiSiirfa,,inunicipality'  or  to  knJ  oiheT  municipality,  require  that 
the  terms  upon  which  the  street  railway  shall  be  operated 
in  such  municipality  be  determined,  and  the  terms,  unless 
the  parties  in  the  meantime  agree,  shall  be  determined  by 
the  Board,  and  such  arrangement  shall  remain  in  force 
for  ten  years. 

Re-adjustment     (2)  At  the  end  of  that  period  either  party  may  require 
of  terms.        ^hat  ^he  terms  be  settled  anew  in  like  manner  for  another 
period  of  ten  years;  but  such   settlement   or  agreement 
shall  be  without  prejudice  to  the  right  hereinbefore  con- 
ferred upon  a  city  or  town  to  assume  the  ownership  of  the 
street  railway  at  the  expiration  of  any  fifth  year. 

19a  s.  205 


1906. 


RAILWAYS . 


Ch»p.  30.  291 


205.  The  municipal  corporation  purchasing  may.  at  any  Municipality 
time,  transfer  its  rights  to  its  street  railway  lines  or  any  ,vcaqy™y  ral1" 
of  them,  and  the  whole  or  any  part  of  the  plant  of  the  transfer  "same 

'  J    r  .     r  to  a  company. 

railway  to  any  person  or  company  authorized  to  operate 
a  street  railway;  subject  to  such  terms  and  conditions  as 
may  be  agreed  upon  by  such  street  railway  company  and 
the  municipal  corporation. 

206.  A  company  to  which  any  lines  of  street  railway  have  Application  of 
been  transferred    by    a   municipal   corporation    shall,  as  section"8 
respects  the  provisions  of  the  next  preceding  section,  stand 

in  the  same  position  as  the  municipal  corporation  from 
which  it  received  such  transfer. 

207.  Any  municipal  corporation  assuming  the  ownership  Municipality 
of  a  street  railway  and  operating  the  same  shall  be  deemed  railway ito  be 
to  be  a  street  railway  company  for  all  the  purposes  of  this  panmed  com" 
Act. 


Duration  of  Privileges  to  Operate  Electric  Railways  along 

Highways. 

208. — (1)  No  municipal  council  shall  grant  to  any  rail- franchise  in 
way  company  operating  by  electricity  any  privilege  to  oper-  limited  to 
ate  along  a  highway  for  a  longer  period  than  twenty-five  years. ^ 
years. 

(2)  At  the  expiration  of  the  said  period  of  twenty  -  Powers  of 
five  years  the  council  of  any  municipality,   along  the mumupa  1  y- 
highways  of  which  such  railway  or  any  portion  thereof 

is  operated,  may  agree  to  extend  such  privilege  for  a  fur- 
ther term  of  years  not  exceeding  twenty-five  years,  upon 
such  terms  and  conditions  as  may  be  agreed  by  the  muni- 
cipality and  the  company,  or  with  the  consent  of  the  Board 
such  municipality  may  assume  the  ownership  of  that  por- 
tion of  the  railway  operating  along  the  highways  of  such 
municipality  within  its  limits,  upon  payment  of  the  actual 
value  thereof,  to  be  determined  by  the  Board.  In  deter- 
mining such  actual  value  the  franchise  or  control  of  the 
tracks  upon  such  highways  shall  not  be  estimated  as  of  any 
value  whatever. 

(3)  The  ownership  of  such  portion  of  such  railway  shall  Notice  of 

,.  .   r  ,  ',  ,  .  .     ...  : ■       i       intention  to 

not  in  any  case  be  assumed  by  such  municipality  unless  take  over 
notice  of  the  intention  of  such  municipality  to  assume  such  rallway- 
ownership  has  been  given  to  the  company  one  year  prior 
to  the  expiration  of  the  privilege  or  franchise,  and  in  no 
case  shall  a  municipality  assume  such  ownership  without 
the  written  consent  of  the  Board. 

(4; 


292         Chap.  30.  railways.  6  Edw.  VII 

Application  of      (4)  This  section  shall  only  apply  to  electric  railways  that 
are  not  street  railways. 


Fenders,  Brakes,  etc. 

FeiKJers^aiici  209.  The  company,  when  operating  any  portion  of  its 
ances.  line  by  means  of  electricity  along  a  highway  shall  from 

time  to  time  adopt  and  use  in  the  front  of  each  motor  car 
a  fender  or  guard  and  shall  from  tin\e  to  time  adopt  and 
use  a  brake  and  such  other  life  saving  appliances  as  shall 
be  of  a  design  approved  from  time  to  time  by  the  Board  as 
suitable  for  use  by  the  company,  having  regard  to  the  effi- 
ciency of  such  fender,  guard,  brake  and  other  life  saving 
appliances  for  life  saving  purposes,  and  to  the  location  of 
the  company's  line,  and  the  speed  at  which  the  company's 
cars  may  be  run. 


Fenders,  etc.. 
to  be  adopted 
when  ordered. 


Proviso. 


210.  The  fender,  guard,  brake  or  other  life  saving 
appliance  so  approved  of  by  the  Board  shall  be  adopted  and 
used  upon  the  cars  of  the  company  within  the  time  fixed  by 
the  order  approving  of  the  same,  or  by  any  order  extend- 
ing the  said  time;  provided  that  where  the  cars  of  a  com- 
pany are  equipped  with  fenders  of  a  class  so  approved  by 
the  Board  the  company  shall  not  be  liable  for  non-com- 
pliance with  any  by-law  or  agreement  relating  to  the  class 
of  fenders  to  be  used  in  any  city,  or  town,  or  any  require- 
ment of  the  engineer  or  other  officer  of  the  municipality 
under  any  such  by-law  or  agreement. 


not  providing  211.  The  company  shall  pay  to  the  corporation  of  the 
fenders,  etc.  municipality  in  which  such  road  is  operated  the  sum  of 
ten  dollars  for  each  day  in  which  any  motor  car  is  operated 
within  such  municipality  without  having  such  a  fender, 
guard,  brake  or  other  life  saving  appliances  thereon,  except 
in  cases  of  accident  or  unavoidable  necessity;  such  sum  or 
sums  to  be  recovered  from  such  company  in  a  civil  action. 


Srs! brakes,  212  If  the  Board  shall  so  order  the  company  shall 
etc.  '  '  allow  tests  to  be  made  on  any  of  its  motors  or  cars,  of  any 
fender,  guard,  brake  or  other  life  saving  appliance  that  the 
Board  may  consider  it  advisable  to  have  tested  with  a  view 
to  ascertaining  its  efficiency  for  the  purpose  for  which  it 
is  designed. 


Lavatories,  etc. 


conveniences      213. — (1)  All  street  railway  companies  shall,  within  six 
way  employees.  montns  aiter  heing  so  ordered  by  the  Board,  provide,  fur- 
nish and  thereafter  maintain  suitable  and  sanitary  urinals 
and  other  conveniences  for  the  use  of  the  employees  of  the 

company 


1906. 


RAILWAYS . 


Chap.  30. 


293 


company  operating  its  cars.  Such  urinals  and  other  con- 
veniences may  be  located  upon~land  owned  or  provided  by 
the  said  company  and  reasonably  accessible  to  each  of  the 
various  lines  of  railway  operated  by  the  said  company,  and 
at  such  points  as  the  Board  may  direct,  within  the  limits  of 
the  city  or  town,  and  the  employees  of  the  said  company 
shall  be  allowed  reasonable  opportunity  of  access  thereto. 

(2)  The  company  shall  be  liable  to  a  penalty  of  ten  dol-  Penalty  for  not 
lars  per  day  for  each  day  it  shall  neglect  to  provide    p  ing' 
each  or  any  of  the  said  urinals  or  other  conveniences. 

(3)  The  cost  of  such  urinals  and  conveniences  shall  be  Cost  of  provid- 
borne  by  the  company  or  by  the  city  or  town  within  the  ences°nveni~ 
limits  of  which  the  company's  lines  are  operated,  or  by 

both  in  such  proportions,  in  case  the  parties  are  unable 
to  agree,  as  may  be  determined  by  the  Board. 

(4)  The  Board  may,  in  its  discretion,  order  the  city  or eity or town 
town  to  provide  the  site  for  the  company  upon  such  terms  niay  be  ordered 
as  to  cost  and  otherwise  as  the  Board  may  determine.         to  provide  site. 

(5)  When  so  ordered  by  the  Board,  such  urinals  and  con-  Board  may 
veniences  shall  be  open  to  the  public  as  well  as  the  em-  tobe6™* 
ployees  of  the  company,  and  when  so  open  to  the  public  °^"iJothe 
the  Board  may  order  the  cost  of  the  maintenance  of  the  ■.' 
same  to  be  borne  by  the  city  or  town  and  the  company  in 

such  proportions  as  to  it  may  seem  proper. 

214.  — (1)  The  Board  may  order  the  company  to  provide  sanitary  eon- 
sanitary  conveniences  for  the  use  of  passengers  on  all  pas- veniences  011 
senger  cars. 

(2)  This  section  shall  only  apply  to  electric  railways  that 
are  not  street  railways,  and  to  steam  railways. 

Unclaimed  Property. 

215.  It  shall  be  the  duty  of  every  street  railwav  com-  Disp0Slll  of 
pany  which  shall  have  unclaimed  property  left  in  its  cars,  unclaimed  pro- 

■    •      •  p  m  t       ,i  j>         i  perty  on  street 

to  ascertain  if  possible,  the  owner  or  owners  of  such  pro- railways, 
perty,  and  to  notify  such  owner  or  owners  of  the  fact  by 
mail  as  soon  as  possible,  after  such  property  comes  into 
its  possession.  Every  such  company  which  shall  have 
such  property  not  perishable  in  its  possession  for  the  period 
of  three  months,  may  sell  the  same  at  public  auction,  after 
giving  notice  to  that  effect,  by  one  publication,  at  least 
ten  days  prior  to  the  sale,  in  a  daily  newspaper  published 
in  the  city  or  town  in  which  such  sale  is  to  take  place,  of 
the  time  and  place  at  which  such  sale  will  be  held,  and 
such  sale  may  be  adjourned  from  time  to  time  until  all 
the  articles  offered  for  sale  are  sold.  All  perishable  pro- 
perty so  left,  may  be  sold  by  any  such  street  railway  com- 
pany without  notice,  as  soon  as  it  can  be,  upon  the  best 
terms  that  can  be  obtained. 

216 


294         Chap.  30. 


RAILWAYS . 


6  Edw.  VII 


Transfer  in  Ownership  of  Highways. 

wfth^com-1'1  ^16.  In  case  any  railway  operated  by  electricity  upon  a 
panies  as  to  highway  or  a  portion  of  which  is  so  operated  has  been 
toenSefor ers  heretofore,  or  shall  hereafter  be,  constructed  in  any  muni- 
nmnfoipaiity  <'ipality  under  any  agreement  with  the  council  thereof,  or 
owning  road,  with  the  council  having  the  control  of  the  highway  therein, 
and  the  territory,  or  any  part  of  the  territory  in  which  such 
railway  has  been,  or  shall  be  constructed,  is  subsequently  to 
the  making  of  such  agreement,  removed  from  one  muni- 
cipality to  another,  or  the  highway  along  which  such  rail- 
way has  been  or  shall  be  constructed,  has  ceased  to  be 
owned  or  controlled  by  one  municipalty,  or  the  council 
thereof,  or  by  any  council  having  the  control  of  such  high- 
way, and  has  become  vested  in  or  has  been  placed  under 
the  control  of  another  municipality  or  the  council  thereof, 
then  so  far  as  such  agreement  relates  to  the  maintenance 
and  repair  of  the  track  and  roadbed  of  the  railway  or  the 
remaining  portions  of  the  highway  or  highways  over  which 
the  railway  is  operated,  and  to  the  removal  of  snow  and 
ice  from  the  company's  track  and  the  disposal  of  such 
snow  and  ice  upon  the  highway  or  elsewhere  the  corpora- 
tion of  such  last  mentioned  municipality  and  any  officer 
or  person  appointed  for  such  purpose  shall  be  substituted 
for  and  shall  have  all  the  rights  and  may  exercise  all  the 
powers  and  be  subject  to  the  same  duties  as  the  municipal 
corporation  party  to  such  agreement  and  any  officer  or  per- 
son named  therein  and  charged  with  the  performance  of 
any  duty  in  respect  to  the  matters  aforesaid  thereunder. 


AGREEMENTS  WITH  MUNICIPALITIES  FOR  OPERATING  ALONG 

HIGHWAYS. 


clauses  to  be  217.  Any  agreement  made  after  the  passing  of  this  Act 
agreements  between  a  municipal  corporation  and  a  company  under 
which  agreement  the  company  obtains  a  right  or  franchise 
to  operate  along  a  highway  shall  (unless  such  provisions 
or  any  of  them  are  expressly  excluded  from  such  agree- 
ment), be  deemed  to  contain  the  clauses  set  forth  in  the 
following  subsections  hereof,  viz.  : 

Grade  (a)  The  rails  of  the  company  shall  conform  to  the  grade 

of  the  street. 


■RaiU  to  be 


(6)  In  all  cases  where  the  rails  are  laid  upon  the  paved 
streetWete  or  travelled  portion  of  the  street,  or  on  any  part  thereof, 
the  rails  shall  be  laid  (as  nearly  as  practicable)  flush  with 
the  street,  and  shall  be  laid  so  as  to  cause  the  least  pos- 
sible impediment  to  the  ordinary  traffic  of  the  street,  and 
shall  be  so  kept  and  maintained  by  the  railway  company. 

(c) 


1906. 


RAILWAYS. 


Chap.  30. 


295 


(c)  The  company  so  long  as  it  shall  continue  to  use  any  £g™p*ny(Jt0 
of  its  tracks  on  the  travelled  portion  of  the  highway  shall  i  n  repair, 
keep  in  repair  the  whole  space  used  on  its  track  allowances, 
crossings,  switches  and  turnouts  and  eighteen  inches  of  the 
highway  outside  of  its  tracks. 

(d)  If  the  company  neglect  to  keep  in  repair  its  track  neglecting  to 
allowances  and  crossings,  switches  and  turnouts  or  to  have  p 

the  necessary  repairs  according  to  the  agreement  made 
thereon,  the  council  of  the  municipality  may  give  notice 
to  the  company  requiring  such  repairs  to  be  forthwith  *" 
made,  and  the  certificate  of  the  engineer  appointed  by  the 
council  for  the  time  being  as  to  the  necessity  for  such  re- 
pairs shall  be  binding  and  conclusive  upon  the  company, 
and  if  after  the  giving  of  such  notice  the  company  do  not 
within  one  week  begin,  and  thereafter,  with  all  reason- 
able diligence,  carry  such  work  of  repairing  to  comple- 
tion, the  municipal  council  shall  have  the  right  to  cause 
such  repairs  to  be  made,  and  the  company  shall  pay  to  the 
treasurer  of  the  municipality  the  expenditure  incurred  in 
making  or  completing  such  repairs. 

(e)  The  payment  of  such  amount  shall  not  relieve  the  pena]t 
company  from  any  penalty  provided  for  the  omission  to 
repair  by  the  agreement  between  the  municipal  corpora- 
tion and  the  company. 

(/)  No  car  or  train  of  cars  shall  be  operated  on  the  trav-  g  d 
elled  portion  of  any  highway  at  a  greater  speed  than  fifteen 
miles  an  hour  unless  authorized  by  the  Board,  and  shall 
operate  at  a  lesser  rate  of  speed  if  ordered  and  directed  by 
the  Board. 

(g)  At  the  intersection  of  the  company's  railway  and  Intersecting 
cross  streets  or  highways  crossing  or  intersecting  the  high-  roads, 
way  upon  which  the  railway  is  operated  the  company  shall 
construct  and  keep  in  repair  crossings  of  a  similar  char- 
acter to  those  adopted  by  the  municipality  and  shall  con- 
struct underneath  its  track  allowance  such  culverts  and 
waterways  as  are  in  the  opinion  of  the  council  of  the  muni- 
cipality or  its  engineer  or  other  officer  appointed  for  that 
purpose  necessary  for  drainage  purposes,  and  shall  at  the 
entrance  to  private  properties  abutting  upon  the  com- 
pany's railway  construct  such  approaches  as  may  be  di- 
rected by  the  council  or  such  officer  or  by  the  Board. 

(h)  When  the  company's  tracks  are  built  over  any  ex-  culverts, 
isting  culvert  the  company  shall  when  so  directed  by  the 
council  or  such  engineer  or  other  officer  or  the  Board  ex- 
tend such  culvert  so  that  the  portion  of  the  highway  to  be 
travelled  upon  by  the  public  shall  have  a  width  of  at  least 
eighteen  feet  between  the  company's  nearest  tracks  and  the 

end  of  the  culvert  upon  the  side  of  the  road  opposite  to  such 
track. 

(i)  The  company  shall  remove  the  snow  from,  and  with-  Snow 
in  its  tracks  and  switches,  but  any  snow  put  upon  the 

graded 


296 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


graded  part  of  the  road  by  the  company  shall  be  evenly 
spread  thereon  in  a  manner  to  be  approved  by  the  council 
or  its  engineer  or  other  officer. 

JtreetegbyP  0")  The  municipal  council  may  at  any  time,  after  giving 
municipality,  to  the  company  20  days'  notice  of  its  intention  so  to  do, 
take  up  any  part  of  the  highway  along  which  the  com- 
pany's railway  is  constructed,  for  the  purpose  of  altering 
the  street  or  road  grade,  constructing  sewers,  drains,  cul- 
verts or  side  crossings,  laying  down  gas  and  water  pipes 
or  underground  wires,  and  for  all  other  purposes  within 
the  province  and  privileges  of  a  municipal  corporation, 
without  being  liable  for  any  compensation  or  damage  that 
may  be  occasioned  to  the  working  of  the  railway  or  the 
works  connected  therewith.  When  and  so  often  as  it  may 
be  necessary  for  the  municipal  corporation  to  open  the  road 
or  street  for  the  purpose  of  repairing  such  street  or  road, 
sewer,  drains,  culverts,  gas  or  water  pipes,  or  underground 
wires,  or  for  putting  in  gas,  water  or  other  services,  a  rea- 
sonable notice  shall  be  given  to  the  company  of  the  council's 
intention  so  to  do,  and  the  work  thereon  shall  not  be  un- 
necessarily delayed  but  shall  be  carried  on  and  completed 
with  all  reasonable  speed,  due  regard  being  had  to  the 
proper  and  efficient  execution  thereof. 

doifeto's'atis-       W        work  done  under  the  authority  of  the  agreement 
municipality's  sna^  ^e  done  in  the  most  substantial  manner  and  accord- 
engineer,        ing  to  the  best  modern  practice  under  the  superintendence 
and  to  the  satisfaction  of  the  engineer  or  officer  appointed 
by  the  council  for  such  purpose  with  a  right  of  appeal  to 
the  Board. 

Alignment,         (I)  The  alignment  of  the  company's  tracks,  the  location 
grades.68  and    °f  switches  and  the  grades  of  the  roadbed  of  its  railway 
shall  be  prescribed  by  such  engineer  or  other  officer. 

pay^ior'engT-  (m)  The  company  shall  repay  to  the  municipality  all 
neer-  sums  paid  by  it  to  such  officer  or  engineer  for  services  per- 

formed by  him  in  connection  with  the  company's  work. 

to  use  trackbhL  (n)  All  persons  using  the  said  highway  shall  be  at  lib- 
aiiowances.  eTfy  f0  travel  upon  any  portion  of  the  travelled  roadway 
occupied  by  the  company's  railway,  and  in  the  same  man- 
ner as  upon  other  portions  of  the  highway,  and  vehicles 
of  every  description  are  to  be  allowed  upon  such  portions 
of  the  highway,  it  being  provided,  however,  that  the  com- 
pany's cars  shall  have  the  first  right  of  way  over  the  said 
railway,  and  all  vehicles  or  persons  travelling  on  that  por- 
tion of  the  highway  occupied  by  the  railway  shall  turn  out 
to  let  the  trains  or  cars  pass — and  any  person  refusing  or 
neglecting  so  to  do  shall  be  liable  on  summary  conviction 
to  a  fine  of  not  more  than  ten  dollars  and  costs. 

portion?"**3  The  words  "travelled  portion"  where  used  in  this 

meaning  of.    section  as  applicable  to  roads,  streets  or  highways  shall  be 

deemed 


1906. 


RAILWAYS. 


Chap.  30. 


297 


deemed  to  mean  that  central  portion  of  roads,  streets  or 
highways  between  the  ditches  or  drains  on  either  side 
thereof  and  ordinarily  used  for  vehicular  traffic. 

Radial  Lines. 

218. — (1)  Notwithstanding  anything  in  this  Act  contained,  operating  in 
the  railway  shall  not  be  constructed  along  any  highway 
within  the  limits  of  any  city  or  town  except  upon  and 
subject  to  such  terms  and  conditions  as  may  be 
agreed  upon  between  the  company  and  the  street  railway 
or  electric  railway,  if  any,  already  operating  in  such  city 
or  town  and  the  council  of  the  corporation  of  such  city 
or  town.  Provided  always  that  if  there  is  an  existing  agree-  Proviso, 
ment  between  such  city  or  town  and  the  street  railway  or 
electric  railway  already  operating  in  such  city  or  town  then 
the  railway  shall  not  be  constructed  along  any  such  high- 
way, except,  upon  and  subject  to  the  terms  of  such  existing 
agreement;  provided  also,  that  where  no  provision  is  con- Provis;i 
tained  in  any  agreement  between  any  street  railway  or 
electric  railway  company  and  the  city  or  town  for  the 
admission  of  other  electric  or  street  railways,  then  if  the 
council  of  such  city  or  town  shall  by  by-law  or  reso- 
lution request  the  street  railway  company  or  electric 
railway  company  already  operating  in  such  city  or 
town,  to  allow  its  tracks  or  any  of  the  streets  to  be  used 
for  the  entrance  of  such  other  railway,  or  if  such  street 
railway  company  or  electric  railway  company  or  such 
other  railway  shall  by  by-law  or  resolution  request 
the  city  or  town  to  permit  the  entrance  of  the 
railway  into  such  city  or  town,  the  company  so  operating 
in  the  city  shall  permit  its  tracks  or  any  streets  to  be  so 
used  to  some  central  point  in  the  said  city  or  town,  and  the 
said  city  or  town  shall  permit  such  other  railway  to  enter 
within  the  limits  of  such  city  or  town,  upon  such  terms  and 
conditions  as  to  compensation,  location  of  central  point,  and 
otherwise  as  maj  be  mutually  agreed  upon  between  such 
other  railway,  the  council  and  such  street  railway  or  elec- 
tric railway  company,  or  as  shall  be  settled  and  deter- 
mined by  the  Board  in  case  the  council  and  the  said  two 
companies  are  unable  to  agree  upon  the  same. 

(2)  The  Board  shall  not  (without  the  consent  of  the  city  Grant  of 

or  town)  grant  to  any  company  desiring  to  operate  within  radia^raiiway 
any  such  city  or  town  any  right  or  privilege  to  so  operate beyradstreetl 
for  a  longer  period  than  the  unexpired  term  of  the  fran-  railway  com- 
ch  ise  or  privilege  held  or  enjoyed  by  any  company  which  Franchise, 
at  the  date  of  the  application  to  the  Board  under  this  sec- 
tion is  operating  a  railway  or  street  railway  within  the  lim- 
its of  such  city  or  town. 

(3)  At  the  expiration  of  such   term  a  new  agreement  agreements  ■ 
may  be  made  as  to  a  renewal  of  the  same  for  a  further 

period 


298  Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


period  not  exceeding  twenty-five  years,  and  in  the  event  of 
the  parties  being  unable  to  agree,  the  Board  may  in  its  dis- 
cretion order  a  renewal  thereof  upon  such  terms  and  condi- 
tions as  shall  be  determined  by  the  Board. 


Rights  of  muni 
cipality  as  to 
taking  over 
railway  not 
affected. 


(4)  This  section  shall  not  be  construed  to  confer  upon  the 
Board  the  power  to  vary  or  annul  any  provision,  contained 
in  the  agreement  between  the  parties  or  in  the  order  of  the 
Board,  allowing  the  entrance  of  such  other  railway,  which 
grants  to  the  corporation  of  the  city  or  town  interested  the 
right  to  take  over  and  assume  the  ownership  of  such  other 
railway  within  the  limits  of  such  city  or  town  on  the  expir- 
ation of  any  such  term. 


Application  of 
street  railway 
sections  to 
radial  lines. 


219.  Any  railway  company  operating  in  cities  or  towns 
shall,  in  addition  to  such  terms,  conditions,  regulations  and 
restrictions  as  may  be  contained  in  any  agreement  with  or 
by  law  of  the  city  or  town,  be  subject  as  to  that  portion  of 
the  railway  within  the  limits  of  such  city  or  town  to  the 
provisions  of  this  Act  respecting  the  construction  and  opera- 
tion of  street  railways. 


Existing  agree- 
ments. 


220.  This  Act  shall  not,  except  where  the  same  is  so 
expressed,  be  construed  to  vary  or  rescind,  or  to  confer 
upon  the  Board  power  to  vary  or  rescind  any  agreement 
lawfully  entered  into  between  a  municipal  corporation  and 
a  railway  or  street  railway  company,  or  between  two  or 
more  railway  or  street  railway  companies  prior  to  the  pass- 
ing of  this  Act. 


Examination  of  Motormen. 


Examination 
of  applicants 
for  position 
as  motorman. 


221. — (1)  No  applicant  for  a  position  as  a  motorman  on 
any  railway  or  street  railway  operated  by  electricity  shall 
be  appointed  to  such  position  until  he  has  been  subjected 
to  a  thorough  examination  by  an  examiner  or  examiners 
to  be  approved  by  the  Board  as  to  his  habits,  physical 
ability  and  intelligence.  He  shall  then  be  placed  on  a 
car  with  an  instructor,  and  when  the  said  examiner  is 
satisfied  as  to  the  applicant's  capability  for  the  position  of 
motorman,  he  shall  so  certify  to  the  Board,  and,  if  appoint- 
ed, the  applicant  shall,  so  far  as  reasonably  possible,  first 
serve  on  the  lines  of  least  travel. 


Company  to 
pay  examiner. 


Examination 
as  to  eyesight. 


(2)  The  company  shall  pay  for  the  services  of  such  ex- 
aminer. 

Examination  for  Colour  Blindness. 

222. — (1)  No  company  shall  hereafter  employ  any  person 
in  a  position  which  requires  him  to  distinguish  form  or 
colour  signals  unless  such  person,  within  two  years  next 
preceding  his  appointment,  has  been  examined  for  colour 
blindness  on  the  distinct  colours  in  actual  use  as  signals  on 

the 


1906. 


RAILWAYS. 


Chap.  30.  299 


the  company's  line  of  railway,  and  also  as  to  his  eyesight 
generally,  by  some  competent  person  to  be  employed  for  the 
purpose  by  the  company  and  has  received  a  certificate  that 
he  is  not  disqualified  for  such  position  by  colour  blind- 
ness, or  otherwise  in  respect  of  his  eyesight,  in  the  colours 
and  forms  used  on  such  railway  or  on  railways  crossing  or 
connecting  with  it. 

(2)  The  company  shall  cause  such  employees  to  be  re-  Re-examin- 
examined  for  colour  blindness,  and  otherwise  in  respect  of\atIon' 
their  eyesight,  at  least  once  in  every  two  years. 

(3)  Nothing  in  this  section  contained  shall  prevent  the  Whe.n  defect 

v/  .      °  ....  ,  r  ,  can  be  rem- 

company  from  continuing  m  its  employment  any  employee  edied  by  glasses 
having  defective  sight  in  cases  where  the  same  can  be  fully 
remedied  by  the  use  of  glasses  or  by  other  means  satisfac- 
tory to  the  person  making  the  examination. 

(4)  For  violation  of  the  provisions  of  this  section  the  Penalt-V- 
company  shall  for  each  offence  be  liable  to  a  penalty  of 

one  hundred  dollars. 

(5)  This  section  shall  apply  to  street  railways.  Application  to 

street  railways. 

ACTIONS  FOR  DAMAGES. 

223.  — (1)  All  actions  or  suits  for  any  damages  or  injury  Limitation  of 
sustained  by  reason  of  the  construction  or  operation  of  damages* 
the  railway  shall  be  commenced  within  one  year  next  after 

the  time  when  such  supposed  damage  is  sustained,  or  if 

there  is  continuation  of  damage  within  one  year  next  after 

the  doing  or  committing  of  such  damage  ceases,  and  not  Pleadin£s- 

afterwards. 

(2)  Nothing  in  this  section  shall  apply  to  any  action  certain 
brought  against  the  company  upon  any  breach  of  contract,  excepted, 
express  or  implied,  as  to  or  upon  any  breach  of  duty  in  the 
carriage  of  any  traffic  nor  to  any  action  against  the  com- 
pany for  damages  under  any  section  of  this  Act  respecting 

tolls. 

(3)  This  section  shall  apply  to  street  railway  companies.  Application  to 

street  railways. 

AGREEMENTS    WAIVING    RIGHT    TO    DAMAGES    FOR  DEFECTIVE 
MACHINERY  VOID. 

224.  — (1)  No  company  owning  or  operating  a  railway  or  Contracts waiv- 
street  railway  in  whole  or  in  part  in  this  Province  shall  damages1  to 
adopt  or  promulgate  any  rule  or  regulation  for  the  govern-  ^gloyees 
ment  of  its  servants  or  employees,  or  make  or  enter  into 

any  contract  or  agreement  with  any  person  engaged  in  or 
about  to  engage  in  its  service,  in  which  such  employee 
directly  or  indirectlv,  promises  or  agrees  to  hold  such 
company  harmless,  on  account  of  any  injury  he  may 
receive  by  reason  of  any  accident  to,  breakage,  defect  or 
insufficiency  in  the  cars,  motors,  locomotives  or  machin- 
ery or  attachments  thereto  belonging,  and  any  such  rule, 
regulation,  contract  or  agreement  shall  be  void  and  of  no 

effect. 


300 


Chap.  30. 


RAILWAYS . 


6  Edw.  VII 


Person. 


effect.  And  no  such  company  shall  demand,  accept, 
require,  or  epter  into  any  contract  or  agreement  with  any 
person  about  to  enter,  or  in  the  employ  of  the  company 
whereby  such  person  agrees  to  surrender  or  waive  any 
right  to  damages  for  personal  injury  or  death  against  any 
such  company  thereafter  arising;  and  all  such  contracts 
and  agreements  shall  be  void. 

(2)  Every  company  violating  or  aiding  in  the  violation 
of  this  section  shall  for  each  offence  be  liable  to  a  penalty 
of  five  hundred  dollars  to  be  recovered  in  any  court  of  com- 
petent jurisdiction  by  any  person  suing  therefor. 

toopSte110*       (3)  No  such  company  shall  knowingly  or  negligently 
machinery      use  or  °Perate  anv  car>  motor  or  locomotive  that  is  defec- 
tive, or  any  car,  motor  or  locomotive  upon  which  the 
machinery  or  attachments  thereto  belonging  are  in  any 
manner  defective. 

Application  to      (4)  This  section  shall  apply  to  street  railways  and  street 

&tr66t  r&ilwfivs.      «n  • 

"   railway  companies. 

WAGES   OF  LABOURERS. 

on'abourerf  on     225.  In  every  case  in  which  the  Legislature;  has  granted 
fi^fflsub*1"0" °f  01  sna^  grant  financial  aid  by  way  of  subsidy  or  guaran- 
dizedbv        tee  towards  the  cost  of  railway  construction,  all  mechanics, 
Legislature.     labourers  or  other  persons  who  perform  labour  in  such 
construction  shall  be  paid  such  wages  as  are  generally 
accepted  as  current  for  competent  workmen  in  the  district 
in  which  the  work  is  being  performed ;  and  if  there  is  no 
current  rate  in  such  district,  then  a  fair  and  reasonable 
rate ;  and  in  the  event  of  a  dispute  arising  as  to  what  is  the 
current  rate  in  such  district,  or  a  fair  and  reasonable  rate,  it 
'  shall  be  determined  by  the  Board,  whose  decision  shall  be 
final. 

LIEN  FOR  WAGES. 

Lien  for  wages.  226. — (1)  Every  mechanic,  labourer  or  other  person  who 
performs  labour  for  wages  upon  the  construction  or  main- 
tenance of  the  railway  or  the  works  connected  therewith, 
shall  have  upon  the  said  railway  and  other  property  of  the 
company  a  lien  for  such  wages  not  exceeding  the  wages  for 
thirty  days,  or  a  balance  equal  to  his  wages  for  thirty  days, 
and  the  said  lien  may  be  enforced  in  the  manner  provided 

Rev.  stat.       for  enforcing  liens  for  wages  by  The  Mechanics'  and  Wagv 

c- 153-  Earners'  Lien  Act. 

Application  to.     (2)  This  section  shall  apply  to  street  railways. 

street  railways       'v  ' 

i 

HOURS  OF  LABOR. 

Limit  of  227.  No  company  operating  a  line  of  railway  of  twenty 

continuous  miles  in  length  or  over,  shall  permit  or  require  a  conduc- 
employment    tor,  engineer,  motorman,  fireman,  trainman,  despatcher  or 

signal 


190G. 


KAILWAYS. 


Chap.  30. 


:}01 


signal  man  who  has  worked  in  any  capacity  for  sixteen 
consecutive  hours,  to  go  again  on  duty  to  perform  any  kind 
of  work,  unless  he  has  had  at  least  six  hours'  rest. 


RETURNS. 


228.- — (1)  Every  company  shall  annually  prepare  in  ac-j^nu^re- 
cordance  with  forms  which  shall  from  time  to  time  be  prepared, 
provided  and    supplied    to  the  companies  by  the  Board,  . 
returns  of  its  capital,  traffic   and  working  expenses,  and 
of  all  information  required,  as  indicated  in  such  forms  to 
be  filed  with  the  Board;  and  such  returns  shall  be  dated 
and  signed  by,  and  attested  upon  the  oath  of  the  secretary, 
of  the  company,  and  of  the  president,  or  in  his  absence,  of 
the  vice-president  or  manager  of  the  company. 

(2)  Such  returns  shall  be  made  for  the  period  included  tobe^noui^ed 
from  the  date  to  which  the  then  last  yearly  returns  made 

by  the  company  extended,  or  from  the  commencement  of 
the  operation  of  the  railway,  if  no  such  returns  have  been 
previously  made,  and,  in  either  case,  down  to  the  last  day 
of  December  in  the  preceding  year. 

(3)  Such  returns,  dated,  signed  and  attested  in  manner Date  ofretlirns 
aforesaid  shall  be  forwarded  by  such  company  to  the  Board 

within  three  months  after  the  thirty-first  day  of  December 
in  each  year. 

(4)  The  company  shall  also,  in  addition  to  the  inform-  S^^en 
ation  required  to  be  furnished  to  the  Board,  as  indicated  in  required, 
subsection  1  hereof  furnish    such   other  information  and 
returns  as  are,  from  time  to  time,  required  by  the  Board 

or  as  shall  hereafter  be  ordered  by  the  Legislature. 

(5)  The  Board  shall  transmit  the  returns  so  made  to^^°se^e 
the  Lieutenant-Governor  in  Council  who    shall  lay    the  Legislative 
same  before  the  Legislature,  within  twenty-one  days  from 

the  commencement  of  each  session  thereof. 


229.  The  company  shall,  within  ten  days  after  the  first  SdmtetoS 
days  of  January  and  July,  in  each  and  every  year,  make  mt^semi- 
to  the  Board,  under  the  oath  of  the  president,  secretary  or 
superintendent  of  the  company,  a  true  and  particular  re- 
turn of  all  accidents  and  casualties  (whether  to  persons  or 
property)  which  have  occurred  on  the  railway  of  the  com- 
pany during  the  half  year  next  preceding  each  of  the  said 
periods  respectively,  setting  forth — 

1.  The  causes  and  nature  of   such  accidents  and  cas- 
ualties ; 

2.  The  points  at  which  they  occurred,  and  whethpr  by 
night  or  by  day; 

3. 


302 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


3.  The  full  extent  thereof,  and  all  particulars  of  the 
same;  and  shall  also  at  the  same  time  return  a  true  copy 
of  the  existing  by-laws  of  the  company,  and  of  their  rules 
and  regulations  for  the  management  of  the  company  and 
of  the  railway. 

fppSmedby  230.  The  Board  may  order  and  direct,  from  time  to 
thecommis-    time,  the  form  in  which  such  returns  shall  be  made. 

sinner. 


Such  returns 
to  be  privileg- 
ed communi- 
cations. 


231.  All  such  returns  relating  to  accidents  made  in 
pursuance  of  the  provisions  of  this  Act  shall  be  privileged 
communications,  and  shall  not  be  evidence  in  any  court 
whatsoever  except  to  enforce  the  penalties  for  failure  or 
neglect  to  furnish  such  returns  as  required  by  this  Act. 


Returns  to 
Board,  of 
assets  and 
liabilities. 


Of  stock 
issued  and 
outstanding. 


Of  earnings 
and  expendi- 
ture. 


Of  bonuses. 


Of  bonds. 


Of  secured 
liabilities. 

Of  cost  of 
property . 

Of  cost  of 
acquirements, 

Of  leases  and 
contracts. 

Generally. 


232.  The  Board  may,  from  time  to  time,  by  notice 
served  upon  the  company,  or  any  officer,  servant  or  agent 
of  the  company,  require  it,  or  such  officer,  servant  or  agent 
to  furnish  the  Board,  at  or  within  any  time  stated  in  such 
notice,  a  written  statement  or  statements  showing  in  so 
far,  and  with  such  detail  and  particulars,  as  the  Board  re- 
quires, the  assets  and  liabilities  of  the  company — the 
amount  of  its  stock  issued  and  outstanding — the  date  at 
which  any  such  stock  was  so  issued — the  amount,  and  nature 
of  the  consideration  received  by  the  company  for  such  issue, 
and,  in  case  the  whole  of  such  consideration  was  not  paid 
to  the  company  in  cash,  the  nature  of  the  service  rendered 
to  or  property  received  by  the  company  for  which  any  stock 
was  issued — the  gross  earnings  or  receipts  or  expenditure 
by  the  company  during  any  periods  specified  by  the  Board, 
and  the  purposes  for  which  such  expenditure  was  made — 
the  amount  and  nature  of  any  bonus,  gift,  or  subsidy,  re- 
ceived by  the  company  from  any  source  whatsoever,  and 
the  source  from  which  and  the  time  when,  and  the  circum- 
stances under  which,  the  same  was  so  received  or  given — 
the  bonds  issued  at  any  time  by  the  company,  and  what 
portion  of  the  same  are  outstanding  and  what  portion,  if 
any,  have  been  redeemed, — the  amount  and  nature  of  the 
consideration  received  by  the  company  for  the  issue  of 
such  bonds — the  character  and  extent  of  any  liabilities 
outstanding,  chargeable  upon  the  property  or  undertak- 
ing of  the  company,  or  any  part  thereof,  and  the  consid- 
eration received  by  the  company  for  any  such  liabilities, 
and  the  circumstances  under  which  the  same  were  created 
— the  cost  of  construction  of  the  company's  railway  or  of 
any  part  thereof, — the  amount  and  nature  of  the  consid- 
eration paid  or  given  by  the  company  for  any  property 
acquired  by  it, — the  particulars  of  any  lease,  contract  or 
arrangement  entered  into  between  the  company  and  any 
other  company  or  person, — and   generally,    the  extent, 


nature^ 


1906. 


RAILWAYS. 


Chap.  30. 


303 


nature,  value  and  particulars  of  the  property,  earnings, 
and  business  of  the  company. 

' 

233.  The:  Board  may  summon,  require  the  attendance  of ,  Powers  of 
and  examine  under  oath,  any  officer,  servant  or  agent  of  respecting 
the  company,  or  any  other  person,  as  to  any  matters  in- returns- 
eluded  in  such  return,  or  which  were  required  by  the  notice 
aforesaid  to  be  returned  to  the  Board,  and  as  to  any  matter 

or  thing  which,  in  the  opinion  of  the  Board,  is  relevant  to  x 
such  return,  or  to  any  inquiry  which  the  Board  deems  it  0r  inquiries 
expedient  to  make  in  connection  with  any  of  the  matterss™*Pecti"K 
in  the  last  preceding  section  mentioned,  and  for  such  pur- 
poses may  require  the  production  to  the  Board  of  any  books  production 
or  documents  in  control  of  the  company,  or  of  such  officer,  documents, 
servant,  agent  or  person. 

234.  If  any  company  or  officer,  servant,  or  agent  thereof  Refusal  to 
wilfully  or  negligently  refuses  to  make  the  returns  required  ma  e  returns' 
by  this  Act  or  by  the  Board  under  the  authority  thereof 

when,  and  as  thereunto  required  by  the  Board,  or  fails  to 
make  any  such  return  to  the  utmost  of  its,  or  his  know- 
ledge or  means  of  knowledge,  the  company,  and  every  Penalties, 
such  officer,  servant  or  agent,  so  in  default,  shall  severally 
be  liable  to  a  penalty  not  exceeding  twenty  dollars. 


235.  If  the  company,  or  any  officer,  servant,  or  agent  Making  false 
thereof,  wilfully  or  negligently  makes  any  false  return,  Board.8 10 
or  any  false  statement  in  any  such  return,  the  company, 

and  any  such  officer,  servant  or  agent,  shall  be  severally 
liable  to  a  penalty  not  exceeding  five  hundred  dollars,  and 
such  officer,  servant  or  agent  shall  also  on  summary  convic- 
tion, be  liable  to  imprisonment  for  any  period  not  exceed- 
ing six  months  in  the  common  jail  of  the  county  where 
such  conviction  is  had. 

236.  The  sections  relating  to  "Returns,"  being  sections  Application  of 
228  to  235,  inclusive,  of  this  Act,  shall  apply  to  street  rail_  sections 228-235 
way  companies. 

INVESTIGATION  OF  ACCIDENTS. 

237.  — (1)  Every  company  shall,  as  soon  as  possible,  andNoticeof 
immediately  after  the  head  officers  of  the  company  have accldent- 
received  information  of  the  occurrence  upon  the  railway 
belonging  to  such  company  of  any  accident,  give  notice 
thereof,  with  full  particulars,  to  the  Board;  and  every 
company  which  wilfully  and  negligently  omits  to  give  such 
notice  shall  forfeit  to  His  Majesty  the  sum  of  two  hundred  S&f1 
dollars  for  every  day  during  which  the  omission  to  give 

the  same  continues. 

(2) 


304  Chap.  30.  railways.  6  Edw.  YII 


notice°and  in  ^  Board  may  by  regulation  declare  the  manner  and 
yestigatjon  form  in  which  such  information  and  notice  shall  be  given 
into  accidents.  anci  ^e  c\ass  0f  acei(ients  to  which  the  next  preceding  sub- 
section shall  apply,  and  may  declare  any  such  information 
so  given  to  be  privileged,  and  the  Board  may  inquire  into 
all  matters  and  things  which  it  deems  likely  to  cause  or  pre- 
vent accidents,  and  the  causes  of,  and  the  circumstances 
connected  with,  any  accident,  or  casualty  to  life  or  property 
occurring  on  any  railway,  and  into  all  particulars  relat- 
ing thereto. 

Report.  (3)  The  Board  may  order  the  company  to  suspend  or  dis- 

miss any  employee  of  the  company  whom  it  may  deem  to 
have  been  wilfully  negligent  in  respect  of  any  such  acci- 
dent. 


Result  of  (4)  The  Board  shall  include  in  their  annual  report  to  the 

repOTtedto136  Lieutenant-Governor  in  Council,  the  result  of  any  such 
enquiry  with  such  recommendations  as  to  it  may  seem 
proper. 


Government. 


Application  to 
street  railways. 


(5)  This  section  shall  apply  to  street  railway  companies. 


ANIMALS  AT  LARGE. 


Cattle  not 
allowed  at 
large  near 
railway. 


238. — (1)  No  horses,  sheep,  swine  or  other  cattle  shall  be 
permitted  to  be  at  large  upon  any  highway,  within  half  a 
mile  of  the  intersection  of  such  highway  with  any  railway 
at  rail-level,  unless  such  cattle  are  in  charge  of  some  com- 
petent person  or  persons,  to  prevent  their  loitering  or  stop- 
ping on  such  highway  at  such  intersection,  or  straying 
upon  the  railway. 


^pounded  cattle  found  at  large  contrary  to  the  provisions  of 

this  section  may,  by  any  person  who  finds  the  same  at  large 
be  impounded  in  the  pound  nearest  to  the  place  where  the 
same  are  so  found,  and  the  pound-keeper  with  whom  the 
same  are  impounded  shall  detain  the  same  in  the  like  man- 
ner, and  subject  to  like  regulations  as  to  the  care  and  dis- 
posal thereof,  as  in  the  case  of  cattle  impounded  for,  tres- 
pass on  private  property. 

(3)  If  the  cattle  of  any  person,  which  are  at  large  contrary 
to  the  provisions  of  this  section,  are  killed  or  injured  by 
any  train,  at  such  point  of  intersection,  he  shall  not  have 
any  right  of  action  against  any  company  in  respect  of  the 
same  being  so  killed  or  injured. 

Application  of     (4)  This  section  shall  apply  only  to  railways  where  oper- 
section.         a  ting  either  by  steam  or  electricity  upon  a  right  of  way 
owned  by  the  company. 

OFFENCES 


Right  of 

action 

negatived. 


1906. 


RAILWAYS. 


Chap.  30. 


305 


OFFENCES   AND   PENALTIES . 

239.  — (1)  No  company  shall,  either  directly  or  indirectly,  ft'ockTn "tier 
employ  any  of  its  funds  in  the  purchase  of  its  own  stock  orcomPanies- 
in  the  acquisition  of  any  shares,  bonds  or  other  securities 

issued  by  any  other  railway  company  in  Canada;  but  this 
shall  not  affect  the  powers  or  rights,  if  any,  which  any  com- 
pany in  Ontario  now  has  or  possesses  by  virtue  of  any  spe- 
cial Act  to  acquire,  have  or  hold  shares,  bonds  or  other  b 
securities  of  any  railway  company  in  Canada  or  the  United 
States. 

(2)  Every  director  of  a  railway  company,  who  knowingly  ^^'fty  of 
permits  the  funds  of  any  such  company  to  be  applied  in  vio- 
lation of  this  section,  shall  incur  a  penalty  of  one  thousand 
dollars  for  each  such  violation,  which  penalty  shall  be 
recoverable  on  information  filed  in  the  name  of  the  Attor- 
ney-General of  Ontario ;  and  a  moiety  thereof  shall  belong 
to  His  Majesty,  and  the  other  moiety  thereof  shall  belong 
to  the  informer,  and  the  acquisition  of  each  share,  bond  or 
other  security,  or  interest,  as  aforesaid,  shall  be  deemed  a 
separate  violation  of  the  provisions  aforesaid. 

240.  — (1)  Every  person  not  connected  with  the  railway,  waikingon 
or  employed  by  the  company,  who  walks  along  the  track  prohibited, 
thereof,  except  where  the  same  is  laid  across  or  along  a 
highway,  is  liable  on  summary  conviction  to  a  penalty  not 
exceeding  ten  dollars. 

(2)  Every  person  who  wilfully  breaks  down,   injures,  Destruction 
weakens  or  destroys  any  gate,  fence,  erection,  building  or  bridges?etc. 
structure  of  a  company,  or  removes,  obliterates,  defaces  or 
destroys  any  printed  or  written  notice,  direction,  order,  by-  notfce°getc. 
law  or  regulation  of  a  company,  or  any  section  of,  or  ex- 
tract from  this  Act  or  any  other  Act  of  the  Legislature, 

which  a  company  or  any  of  its  officers  or  agents  have 
caused  to  be  posted,  attached  or  affixed  to  or  upon  any 
fence,  post,  gate,  building  or  erection  of  the  company,  or 
any  car  upon  any  railway,  shall  be  liable  on  summary  con-  PenaUy 
viction  to  a  -penalty  not  exceeding  fifty  dollars,  or,  in  de- 
fault of  payment,  to  imprisonment  for  a  term  not  exceeding 
two  months. 

(3)  Every  person  who  enters  upon  any  railway  train  with  auemptin's'to 
intent  fraudulently  to  be  carried  upon  the  said  railway  ^"'.eiwhhout 
train    without  paying  fare  thereon,  or  who  wilfully  ob- 
structs or  impedes  any  officer  or  agent  of  the  company  in  the 
execution  of  his  duty  upon  any  train,  railway,  or  upon  any  obstructing 
of  the  premises  of  the  company,  or  who  wilfully  trespasses  authorities, 
by  entering  upon  any  of  the  stations,  cars  or  buildings  of 

the  company  in  order  to  occupy  the  same  for  his  own  pur-  Trespassing, 
poses,  shall  be  liable  to  the  like  penalty  or  imprisonment, 
and  shall  be  liable  to  be  proceeded  against  and  dealt  with 
20  s.  in 


306 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


Penalties.       in  like   manner,   as   mentioned   in    subsection   2  of  this 
section  in  regard  to  the  offences  therein  mentioned. 


Board  may 
order  foot- 
bridges 
erected  at 
level 
crossings. 


Subsequent 
use  of 
highway 
crossing. 


Penalty  for 
non-compli- 
ance. 


241. — (1)  If  the  Board  orders  any  company  to  erect,  at  or 
near,  or  in  lieli  of,  any  highway  crossing  at  rail  level,  a 
foot  bridge,  or  foot  bridges,  over  its  railway,  for  the  pur- 
pose of  enabling  persons,  passing  on  foot  along  such  high- 
way, to  cross  the  railway  by  means  of  such  bridge  or 
bridges,  from  and  after  the  completion  of  such  foot  bridge 
or  foot  bridges  so  required  to  be  erected,  and  while  the  com- 
pany keeps  the  same  in  good  and  sufficient  repair,  such 
crossing  shall  not  be  used  by  foot  passengers  on  the  said 
highway,  except  during  the  time  when  the  same  is  used 
for  the  passage  of  carriages,  carts,  horses  or  cattle  along 
the  said  road. 

(2)  Every  person  who  offends  against  the  provisions  of 
this  section  is  liable,  on  summary  conviction  to  a  penalty 
not  exceeding  ten  dollars. 


Penalty  for 
erection,  etc., 
of  structures 
in  violation 
of  this  Act. 


Liability  of 
company, 
directors,  etc. 
in  certain 
cases. 


Damages. 


Penalty. 


242.  Every  company  which  shall  erect,  operate  or 
maintain  any  bridge,  approach,  tunnel,  viaduct,  trestle,  or 
any  building,  erection  or  structure,  in  violation  of  this 
Act,  or  of  any  order  or  regulation  of  the  Board,  shall  for 
each  offence  incur  a  penalty  of  fifty  dollars. 

243.  The  company,  or  any  director  or  officer  thereof,  or 
any  receiver,  trustee,  lessee,  agent,  or  person,  acting  for  or 
employed  by  the  company,  doing,  causing  or  permitting  to 
be  done,  any  matter,  act  or  thing  contrary  to  the  provisions 
of  this  or  the  special  Act,  or  to  the  orders  or  directions 
of  the  Board  made  hereunder,  or  omitting  to  do  any  matter, 
act  or  thing  required  to  be  done  on  the  part  of  any  such  com- 
pany, or  person,  is  liable  to  any  person  injured  thereby  for 
the  full  amount  of  damages  sustained  by  such  act  or 
omission;  and  if  no  other  penalty  is,  in  this  or  the  special 
Act,  provided  for  any  such  act  or  omission,  is  liable,  for 
each  offence,  to  a  penalty  of  not  less  than  twenty  dollars, 
and  not  more  than  five  thousand  dollars,  in  the  discretion 
of  the  court  before  which  the  same  is  recoverable. 


torinway1101  ^4-  Every  person  who  sells,  gives  or  barters  any 
employees  spirituous  or  intoxicating  liquor  to  or  with  any  servant  or 
employee  of  any  company,  while  actually  employed  in  the 
course  of  his  duty  on  a  train  or  car  or  while  in  uniform  or 
in  connection  with  the  operation  of  a  train  or  car,  is  liable 
on  summary  conviction  to  a  penalty  not  exceeding  twenty- 
five  dollars,  or  to  imprisonment  with  or  withoiit  hard  labour 
for  a  period  not  exceeding  one  month,  or  to  both. 

Fn™oxi"cated        245.  Every  person  who  is  intoxicated  while  he  is  in  charge 
while  on  duty.  0f  a  locomotive  engine,  or  electric  motor,  or  acting  as  the 
20a  s.  conductor 


1906. 


RAILWAYS. 


Chap.  30.  307 


conductor  of  a  car  or  train  of  cars,  shall  be  liable  on  sum- 
mary conviction  to  a  penalty  of  $200  or  imprisonment  for 
one  year  or  both. 

246.  Every  officer  or  servant  of,  and  every  person  em-  violation  by 
ployed  by  the    company,  who    wilfully    or    negligently byTa'ws?  etc°,f 
violates  any  by-law,  rule  or  regulation  of  the  company  orP^^a^™ 
its  directors  lawfully  made  and  in  force,  or  any  order  or  6» 
notice  of  the  Board,  or  of  an  inspecting  engineer,  of  which 

a  copy  has  been  delivered  to  him,  or  which  has  been  posted 
up  or  open  to  his  inspection  in  some  place  where  his  work 
or  his  duties,  or  any  of  them,  are  to  be  performed,  if  such 
violation  causes  injury  to  any  person  or  to  any  property, 
or  exposes  any  person  or  any  property  to  the  risk  of  such 
injury,  or  renders  such  risk  greater  than  it  would  have  been 
without  such  violation,  although  no  actual  injury  occurs  is 
liable  on  summary  conviction  to  a  penalty  of  not  less  than  penalty. 
•<i  and  not  more  than  $50  or  to  imprisonment  with 
or  without  hard  labour  for  not  more  than  three  months 
or  to  both. 

247.  Every  person  who  wilfully  or  negligently  violates  violation  of 
any   lawful  by-law,  rule  or  regulation  of  the  company  is^o"}^610,1 
liable,  on  summary  conviction,  for  each  offence,  to  a  pen-Persons- 
alty  not  exceeding  the  amount  therein  prescribed,  or  if 

no  amount  is  so  prescribed,  to  a   penalty  not  exceeding 

twenty  dollars;  but  no  such  person  shall  be  convicted  of 

any  offence,  unless  at  the  time  of  the  commission  thereof  a  proviso  as 

printed  copy  of  such  by-law,  rule  or  regulation  was  posted  b°  D°^inJ[c 

in  some  conspicuous  place  at  or  near  the  station  at  which 

the  offender  entered  the  train  or  in  the  passenger  cars  of 

the  train. 

248.  Every  person  who  unlawfully  and  maliciously,  Damaging 

J  J  J  freight  with 

intent  to  steal 

(a)  bores,  pierces,  cuts,  opens  or  otherwise  injures  anycontents- 
cask,  box  or  package,  which  contains  wine,  spirits  or  other 
liquors,  or  any  case,  box,  sack,  wrapper,  package  or  roll  of 
goods,  in,  or  about  any  car,  wagon,  boat,  warehouse,  sta- 
tion house,  wharf,  quay  or  premises  of,  or  which  belong  to 

any  company,  or — 

(b)  drinks  or  wilfully  spills  or  allows  to  run  to  waste  any  Drinking  or 
such  liquors,  or  any  part  thereof, —  uquo'r!8 

is  liable,  on  summary  conviction,  to  a  penalty  not  ex- Penalties, 
ceeding  twenty  dollars  over  and  above  the  value  of  the 
goods  or  liquors  so  taken  or  destroyed,  or  to  imprisonment, 
with  or  without  hard  labour,  for  a  term  not  exceeding  one 
month,  or  to  both. 

(c)  Any  person  who  wilfully  breaks  down,  injures,  weak-  interfering 
ens,  destroys  or  interferes  with  any  pole,  wire,  insulator,  wires  pow"0 
structure  or  erection  for  carrying  wires  of  an  electric  rail_  etc.,  or  notices. 

way 


3<t8 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


way  company,  or  for  the  transmission  of  electric  power,  or 
who  shoots  at  any  insulator  on  any  such  poles,  erections  or 
structures,  with  fire-arms  of  any  kind,  or  -throws  stones  or 
other  missiles  at,  or  breaks,  or  attempts  to  break  the  same 
in  any  way,  or  flings  or  causes  to  be  placed  any  wire,  rope, 
string  or  stick  at,  upon  or  across  the  said  wires,  or  without 
authority  climbs  any  of  such  poles  or  structures  or  erec- 
tions used  for  transmitting  electric  current,  or  removes, 
obliterates,  defaces  or  destroys  any  printed  or  written  no- 
tice, direction,  order,  by-law  or  regulation  of  the  Lieu- 
tenant-Governor in  Council  or  of  any  commission  appointed 
by  him  or  of  a  company  or  of  a  municipal  corporation 
or  any  section  or  extract  from  this  Act  or  any  other  Act  of 
the  Legislature  pasted,  attached  or  affixed  to  or  upon  any 
pole,  tower,  fence,  post,  gate,  building  or  erection  of  the 
company,  shall  be  liable  on  summary  conviction  to  a  pen- 
alty not  exceeding  $100  and  not  less  than  $  15,  or  in  default 
of  payment  to  imprisonment  for  a  term  not  exceeding  six 
months. 


Each  day's 
violation  of 
this  Act,  or 
order 

hereunder, 
a  distinct 
•ffence. 


249.  When  the  violation  of,  or  failure  to  complv  with, 
any  provisions  of  this  Act,  or  any  regulation  or  order  or 
direction  of  the  Board,  or  of  any  inspecting  engineer,  is 
made  an  offence  subject  to  penalty,  by  this  Act,  or  by  any 
regulation  made  under  this  Act,  each  day's  continuance  of 
such  violation,  or  failure,  to  comply,  shall  constitute  a  new 
and  distinct  offence. 


Act  or  omis- 
sion of  officer, 
etc.,  deemed 
to  be  act  or 
•mission  of 
Company. 


Certain  penal- 
ties may  be 
imposed  cn 
summary  con- 
victions. 


Recovery  of 
penalties. 


250.  For  the  purpose  of  enforcing  any  penalty  under  any 
of  the  provisions  of  this  Act,  or  enforcing  any  regulation, 
order,  or  direction  of  the  Board,  or  of  any  inspecting  engin- 
eer, made  under  this  Act,  the  act,  omission,  or  failure  of  any 
officer,  agent,  or  other  person  acting  for,  or  employed  by  the 
company  acting  within  the  scope  of  his  employment  shall  in 
every  case  be  also  deemed  to  be  the  act,  omission  or  failure 
of  such  company  as  well  as  that  of  the  person ;  and  anything 
done  or  omitted  to  be  done  by  the  company,  which,  if  done 
or  omitted  to  be  done  by  any  director,  or  officer  thereof,  or 
any  receiver,  trustee,  lessee,  agent,  or  person  acting  for  or 
employed  by  the  company,  would  constitute  an  offence 
under  this  Act,  shall  also  be  held  to  be  an  offence  com- 
mitted by  such  company,  and  upon  conviction  thereof  the 
company  shall  be  subject  to  the  like  penalties  as  are  pres- 
cribed by  this  Act  with  reference  to  such  persons. 


fo'r'contraven  "  ^°  Pun^s^merL^  f°r  a  Contravention  of  this  Act  or 

tionofthis      of  the  special  Act,  by  the  company,  shall  exempt  the  com- 
toCexcmptnot    pany  from  the  forfeiture  of  the  privileges  or  franchise 
for?eUl"refrom  con^erre(1  on  it  by   the   said    Acts  or  by  any  agreement 
made  between  the  company  and  any  municipal  corpor- 
ation if  by  the  provisions  thereof,  or  by  law,  the  same  be 
forfeited  by  such  contravention. 

252 


1906. 


RAILWAYS. 


Chap.  30. 


309 


252.  Tiie  sections  of  this  Act  relating  to  offences  and  sections  23*2*1 
penalties,  being-  sections  239  to  251  inclusive,  shall  so  f ar  s?reetPraflway«. 
as  applicable  apply  to  street  railways  and  street  railway 
companies. 

RECOVERY   AND  PAYMENT  OF  PENALTIES. 

253.  The  company  may  in  all  cases  under  this  Act  pay  The  Compaq 
the  amount  of  any  penalty  and  costs  imposed  upon  an  any  amide"" 
officer,  servant,  or  person  in  the  employ  of  the  company,  cages'!0™ 
and  recover  the  same  from  the  offender  or  deduct  it  from 

li is  salary  or  pay. 

254.  All  penalties  incurred  under  any  of  the  sections  of  How  penalties 
this  Act,  unless  otherwise  provided,  may  be  recovered  in  applied6*1  and 
the  name  of  His  Majesty,  by  His  Majesty's  Attorney  Gen- 
eral for  Ontario,  in  any  court  of  competent  jurisdiction; 

and  all  penalties  recovered  under  this  Act  shall,  unless 
otherwise  herein  expressly  provided,  be  paid  to  the  Treas- 
urer of  the  Province  to  the  credit  of  "The  Consolidated 
Revenue  Fund." 

255.  The  last  preceding  two  sections  shall  applv  to  street  Application  t* 

■  -1  .  r  street  railways. 

railway  companies. 

TRANSMISSION    OF   POWER   ON    RIGHT   OF  WAY. 

256.  The   Board,  upon   receiving   instructions   in   that  crown  may 
behalf  from  the  Lieutenant-Governor  in  Council,  and  the  way  for  the 
officers,  agents  and  servants  of  the  Board,  may  at  all  poXeTto^^- 
times  enter  upon  the  right  of  way  of  the  company  and  may  cipaiities. 
dig  up  the  same,  erect  thereon  all  necessary  poles,  or  lay 

all  necessary  conduits,  and  erect,  place  and  put  down  all 
cables,  wires  and  poles  for  the  transmission  of  electrical 
or  other  power  from  any  point  in  the  Province  of  On- 
tario to  the  works  and  plant  of  any  municipal  corporation 
for  the  distribution  of  such  power  within  the  limits  of  the 
municipality;  provided  that  the  track  and  traffic,  wires 
and  poles  of  the  company  shall  not  be  injured,  removed  or 
otherwise  dealt  with  in  the  exercise  of  the  powers  hereby 
conferred  except  under  and  subject  to  any  agreement  which 
may  be  entered  into  between  the  Lieutenant-Governor  in 
Council  and  the  company. 

USE    OF   RAILWAY   BY    DOMINION  GOVERNMENT. 

257.  — (1)  His   Majesty's  Mail,  His   Majesty's  Naval   Or  Provision  as  t» 
Military  Forces  or  Militia,  and  all  artillery,  ammunition,  His  Majesty's 
provisions  or  other  stores  for  their  use,  and  all  policemen,  mai1,  ct<'• 
constables  and  others  travelling  on  His  Majesty's  service, 

shall  at  all  times,  when  thereunto  required  by  His  Ma- 
jesty's Postmaster-General,  the  Commander  of  the  Forces, 

or 


310 


Chap.  30. 


RAILWAYS. 


6  Edw.  VII 


or  any  person  having  the  superintendence  or  command  of 
any  Police  Force,  and  with  the  whole  resources  of  the  com- 
pany if  required,  be  carried  on  the  railway,  on  such  terms 
and  conditions,  and  under  such  regulations  as  may  be 
made  by  the  Governor-General  in  Council  or  Lieutenant- 
Governor  in  Council  as  the  case  requires. 

Government        (2)  The  Governor-General  or  Lieutenant-Governor  as  the 

to  hfLV6  0XClll~ 

siveuseof  case  may  be,  or  any  person  thereunto  authorized  by  them, 
telegraph.  require  the  company  to  place  any  electric  telegraph, 

and  the  apparatus  and  operators  they  may  have,  at  the 
exclusive  use  of  the  Government,  receiving  thereafter  rea- 
sonable compensation  for  such  service. 

rtrTefrai'iwal-s     (3)  This  section  shall  apply  to  street  railway  companies. 

CONVEYANCES   OF  LAND. 

of°iaVndtoCes  — (1)  Conveyances  of  land  to  the  company,  for  the 

company.  purposes  of  and  powers  given  by  this  Act,  made  in  the  form 
set  forth  in  Schedue  "B"  to  this  Act  or  to  the  like  effect, 
shall  be  sufficient  conveyance  to  such  company,  its  suc- 
cessors and  assigns  of  the  estate  or  interest  therein  men- 
tioned, and  sufficient  bar  of  dower  respectively  of  all  per- 
sons executing  the  same ;  and  such  conveyances  shall  be 
registered  in  the  same  manner,  and  upon  such  proof  of 
execution  as  is  required  under  the  registry  laws  of  On- 
tario ;  and  no  registrar  shall  be  entitled  to  demand  more 
than  seventy-five  cents  for  registering  the  same,  including 
all  entries  and  certificates  thereof,  and  the  certificates  in- 
dorsed on  the  duplicates  thereof. 

strTet  raVhvays     (2)  This  section  shall  apply  to  street  railway  companies. 

REPEAL  OF  ACTS. 

Repeal  of  Acts.  259.  The  following  Acts  of  the  Legislative  Assembly  are 
hereby  repealed  :  — 

Chapter  207  if  the  Revised  Statutes  of  Ontario,  "The 
Railway  Act  of  Ontario" — the  whole. 

Chapter  208  of  the  Revised  Statutes  of  Ontario,  "The 
Street  Railway  Act" — the  whole. 

Chapter  209  of  the  Revised  Statutes  of  Ontario,  "The 
Electric  Railway  Act" — the  whole. 

Chapter  11  of  62  Victoria,  2nd  session — section  23. 

Chapter  25  of  62  Victoria,  2nd  session — the  whole. 

Chapter  31  of  63  Victoria — the  whole. 

Chapter  25  of  1  Edward  VII.—  the  whole. 

Chapter  26  of  2  Edward  VII.—  the  whole. 

Chapter  27  of  2  Edward  VII.— the  whole. 

Chapter  17  of  3  Edward  VII.— the  whole. 

Chapter  10  of  4  Edward  VII— section  79. 

commence-        260.  This  Act  shall  come  into  force  on  the  first  day  of 

ment  of  Act.      T  -mn^ 

•June,  191)6. 

SCHEDULE  "A" 


190(i. 


KAIL  WAYS. 


Chap.  30. 


311 


SCHEDULE  "A." 

(Section  H5.) 

Chief  Engineer's  Certificate. 

The  Railway  Company's  Office,  No. 

.  A.D.  190  . 

Engineer's  Department. 

Certificates  to  be  attached  to  cheques  drawn  on  The 

Railway  Company  Municipal  Trust  Account  given 
under  section  145  of  The  Ontario  Bail  way  Act,  1906. 

1,  chief  engineer  of  The 

Railway  Company  do  hereby  certify  that  the  said 
company  has  fulfilled  the  terms  and  conditions  necessary  to  be  ful- 
filled under  the  said  By-law  No.  of  the  of 
(or  under  the  agreement  dated  the  day  of  19  , 
between  the  corporation  of  and  the  company) 
to  entitle  the  said  company  to  receive  from  the  said  trust  company 
the  sum  of  {here  set  out  the  terms  and  conditions, 
if  any,  which  have  been  fulfilled). 


SCHEDULE  "B." 
(Section  258.) 

Know  all  men  by  these  presents  that  I  (or  we)  (insert  the  name 
or  names  of  the  vendor  or  vendors)  in  consideration  of 
dollars  paid  to  me  (or  us)  by  The  Railway 
Company,  the  receipt  whereof  is  hereby  acknowledged,  do  grant 
and  convey  unto  the  said  company,  and  I  (or  we)  (insert  the  name 
or  names  of  any  other  party  or  parties)  in  consideration  of 

dollars  paid  to  me  (or  us)  by  the  said  company,  the 
receipt  whereof  is  hereby  acknowledged,  do  grant  and  release  all 
that  certain  parcel  (or  those  certain  parcels,  as  the  case  may  be) 
of  land  (describe  the  land)  the  same  having  been  selected  and  laid 
out  by  the  said  company  for  the  pur  poses  of  its  railway,  to  hold 
with  the  appurtenances  unto  the  said  The  Railway 
Company,  their  successors  and  assigns  forever  (here  insert  any  other 
clauses,  covenants  and  conditions  required),  and  I  (or  we)  the  wife 
(or  wives)  of  the  said  do  hereby  bar  my  (or  our)  dower 

in  the  said  lands. 

As  witness  my  (or  our)  hand  and  seal  (or  hands    and    seals),  this 
day  of  one  thousand  nine 

hundred  and 

Signed,  sealed  and  delivered 
in  the  presence  of 

[L.S.] 


CHAPTER 


312 


Chap.  31.         RAILWAY  AND  MUNICIPAL  BOARD.       6  EDW.  VII 


CHAPTER  31. 


An  Act  for  the  appointment  of  a  Railway  and 
Municipal  Board. 


Assented  to  14th  May,  1906. 


Short  Title,  s.  1. 
Interpretation,  ss.  2,  3. 
Application  of  Act,  s.  3. 
Constitution,      Offices,  Sit- 
tings, ss.  4-12. 
Secretary,  s.  13. 
Salaries  and  Staff,  ss.  14,  15. 
General  Jurisdiction  and  Pow- 
ers, ss.  16-25. 
May  act  upon  its  own  initia- 
tive, s.  18. 
Rules  and  Regulations,  ss.  19- 
21. 

Notices,  how  given,  s.  23. 
Duty  of  Company  on  receipt 

of  order,  s.  24. 
Sheriffs,  etc.,  to  obey  orders  of 

Board,  s.  25. 
Practice  and  Procedure,  Evi- 
dence, ss.  26-42. 
Existing    orders    of  Railway 

Committee,  s.  32. 
Powers  of  Railway  Committee 

until  Board  organized,  s.  33. 
Orders  of  Board  may  be  made 

orders  of  Court,  s.  34. 
Terms  of  Orders,  ss.  35-38,  40. 
General  rules  of  practice,  s.  39. 
Judgments  of  other  courts  not 

to  bind  Board,  s.  41. 


Stating  case  for  Court  of  Ap- 
peal, s.  42. 
Appeals,  s.  43. 

Reference  of  matters  to  Board 

of  Government,  s.  44. 
Costs,  s.  45. 

Expense  of  Works  ordered  by 
Board,  s.  46. 

Proceedings  instituted  by  At- 
torney-General, s.  47. 

Board  may  order  enquiries,  sb. 
48,  49. 

Witness  fees,  s.  50. 

Additional  Powers,  ss.  51-54  . 
Assessment  Appeals,  ss.  51,  52. 
Municipal  matters,  ss.  53-57. 
Regulating  electrical  compan- 
ies, s.  54. 

Enquiries  into  facts  for  Gov- 
ernment, etc.,  s.  55. 

Annual  Report,  s.  56. 

Labour  Disputes,  ss.  58,  59. 

Fees  and  Expenses,  ss.  60-62. 

Enforcement  of  Agreement  bh- 
tween  companies  and  munici- 
palities, ss.  63,  64. 

Pending  proceedings,  s.  65. 

Commencement  of  Act,  s.  66. 


HIS'  MAJESTY,  by  and  with  the  advice  and  consent 
of  the  Legislative   Assembly    of    the   Province  of 
Ontario,  enacts  as  follows:  — 

Short  title  1.  This  Act  may  be  cited  as  "The  Ontario  Railway  and 

Municipal  Board  Act,  1906." 


interpretation      2.  The  interpretation  sections  of  "The  Ontario  Railway 
Act,  1906,"  shall  apply  to  this  Act. 


1906. 


RAILWAY  AND  MUNICIPAL  BOARD.  Chap.  31 


313 


3. — (1)  All  the  provisions  of  this  Act  relating  to  rail- To  apply  to 
ways  shall  apply  to  all  railways,    whether   operated    by street  Tiuiw&y 
steam,  electricity  or  other  motive  power,  including  Street 
Railways;  and  the  expression    "Railway"    shall  include 
"a  Street  Railway." 

(2)  "Public  Utility"  shall  mean  and  include  any  water ;" Puttie  utii- 
works,  gas  works,  electric  heat,  light   and    power    works  t ' 
and  telegraph  or  telephone   lines   or   any    similar  workt 
supplying  the  general  public  with  necessaries  or  conven- 
iences. 


NAME,  CONSTITUTION,  DUTIES,  ETC. 


4:. — (1)  From  and  after  the  appointment  of  the  Board  ^^fu>( 
the  Railway  Committee  of  the  Executive  Council  of  On- abolished, 
tario  shall  be  abolished. 

(2)  The  Lieutenant-Governor  may  from  time  to  time  Afpp^^?^*n 
appoint  a  Commission  to  be  called  "The  Ontario  Railway 
and  Municipal  Board." 


(3)  Such  Board  shall  be  composed  of  three  members,  one  constitution  of 
of  whom  shall  be  the  chairman   thereof   who  shall   be Board' 
appointed  chairman  by  the  Lieutenant-Governor  in  Coun- 
cil and  shall  continue  to  be  chairman  so  long  as  he